Vaidyanathan (Advocate) 09 July 2019

Mah. State Co-operative society act

A lady member of flat in Mumbai nominated 2 persons 1. Her husband and 2. Her son. The first nominee dies. She has not changed the nomination. The member dies later on. How much share will the 2nd nominee gets in the property. The member is also having s daughter of unsound mind not nominated , there is no will. The 2nd nominee applies for membership jointly with his sister (of unsound mind through a legal guardian) . Can the nominee sell the flat after such transfer. What is legal position of ownership of property.

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Kishor Mehta (CEO) 09 July 2019

(1) Nominee is a trustee and holds the flat in trust for the legal benefiaries, he cannot sell the flat. (2) The Society has to transfer the quantum of share, as apportioned in the nomination form, to the nominee. (3) The Society cannot introduce any name, in the membership register, without following the due process of law. (4) A person has to get Heirship certificate from Bombay high court to be able to sell the flat.