Nomination rights

Querist : Anonymous (Querist) 15 March 2021 This query is : Resolved
Me and my husband were joint owners of the flat, my husband suddenly died, His share of 50% he has nominated me and my 3 daughters. Can the society transfer the 50% in my name or my daughters also become the share holders and associate members. How to go about it

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kavksatyanarayana (Expert) 15 March 2021
First, obtain a legal heir certificate from the Tahsildar concerned. The society shall transfer his half share to you. otherwise, complain in RERA.

Dr J C Vashista (Expert) 16 March 2021
Nomination for share of society flat do not transfer ownership but just a custodian of share of the property on behalf of all legal representatives of deceased.
Obtain surviving member certificate from area SDM/ Tehsildar.
Whether the flat falls under RERA ?
Society can transfer 50% share of deceased in favour of other LRs of member in terms of State Cooperative Societies Act & Rules, if the property is located in a CHS.

krishna mohan (Expert) 16 March 2021
Normally succession is based on Hindu Succession Act and if you are Hindu. Since his share of 50% is transferable to you and your daughters, it may be binding. You can get successor certificate and claim for full ownership through family settlement deed duly registered with the help of a lawyer specialized on property matters if you would like to have it transferred in your name.