Nominations in co-op. hsg. soc.
Pramod Harkisondas Divecha
(Querist) 22 June 2014
This query is : Resolved
Sir,
I/we hold a flat in a co-operative housing society in Mumbai in joint names as under:
1. Mrs.UPD 2. Mr. PHD 3. Smt JPG
The Sale Agreement is also registered in above names and the share certificate also is issued in joint names as mentioned above.
In the year 2011, all the above members filed a single Nomination Form duly signed by all three, nominating Mr. MPD and Ms.NPD (son and daughter of 1 & 2 and grandchildren of 3) to receive 50% of each member’s share/s upon individual member’s death. The nomination was duly taken on record and I/we had been duly advised about the same.
However, now New Committee has taken over and they are advising members that the s as per Co-op. society law, the joint owners/members should file different forms under which the respective members should first nominate other Joint/associate members and then nomination of new nominees like sons and daughters should be followed and recorded in the said forms as per the desire of the members.
In my view, since we are all joint owners/joint associate members, the procedure followed by earlier committee was proper and the insistence by new committee does not seem to be correct procedure.
However, we would not like our children to be inconvenienced after we are gone and therefore, request you to please inform us of the correct procedure in this regard so that we can take corrective actions while we can.
Thanks and regards,
ajay sethi
(Expert) 22 June 2014
1) each member has to submit separate nomination form
2)it is not necessary that member should nominate associate member in the nomination form
3) each member can nominate can nominate son /daughter as they deem fit.
4) please note nominee is only a trustee for other legal heirs
