Law:

Section:

(a) Cooperative Societies Act MI or 1925)------S.27---Cooperative Farming Societies Bye-Laws, Bye-Law 8---Members of a cooperative society---Interest of a deceased member---Transfer of---Cooperative Society is empowered to transfer the interest of a deceased member to a person or persons, nominated by him in accordance with the bye-laws of a society---Holding of a deceased member as well as his share and other interest in the co-operative society could only be inherited by his eldest son---Petitioner being not the surviving eldest son of deceased, as there were three male issues, would not be entitled to inherit the deceased member's interests exclusively---As to petitioner's claim of being a nominee of deceased, power of nomination was not available to a member of society where the surviving sons were present. Mst. Amtul Habib and others v. Mst. Musarrat,Parveen and others PLD 1974 SC 185 and Muhammad Yaqub and others v. Member (Colonies), Board of Revenue, Lah. 1984 Law Notes (Lah.) 1123 rel. Mst. Aisha and 23 others v. Members (Colonies), Board of Revenue and 6 others 1987 SCMR 1395 ref. (b) Colonization of Government Lands (Punjab) Act (V of 1912)--- ---S. 10--Cooperative Societies Act (VII of 1925)--S. 27---Grant of proprietary rights---Status of a member of co-operative society vis-a-vis the Government and the grant--Where proprietary interest had been conferred on a person not by the co-operative society, but by the State under the Colonization of Government Lands Act, notwithstanding such person's membership of the society, it was ultimately to devolve as a State grant on a member--Membership of Co-operative Society is a matter altogether different from succeeding to the estate of the member---Nomination by a member of Co-operative Society does not operate either as a gift or as a will and thus cannot deprive the other heirs who may be entitled thereto, under the law of succession applicable to deceased, as per dictum laid down by Supreme Court in Mst. Amtul Habib's case reported as PLD 1974 SC 185. Mst. Amtul Habib and others v. Mst. Musarrat Parveen and others PLD 1974 S C 185 rel. JUDGMENT SHAFIUR RAHMAN, J.---The Petitioner, who was one of the…

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