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Hrushi   28 November 2021

Activation of Nominations

In a Co Op. Hsg. Soc. in Mumbai Two Flats owned by husband 'A' and wife 'B'.
In 1st Flat husband 'A' is Member and wife 'B' is Joint Holder and son 'C' is nominee.
In 2nd wife 'B' is Member and husband 'A' is Joint Holder and son's wife 'D' is
nominee.
Both 'A'and 'B' have other 4 daughters.
Now husband 'A' died. and both the nominees 'C' & 'D' want to activate thier nomination .
1) What Documents are nedded for activation of nominations.
2) What will be status as member and % of shares of are entitle to both the nominees in respective flats.


Learning

 2 Replies

Megha   11 January 2022

Hi,

Upon the death of any person, his property vests upon his legal heirs in accordance with the Indian Succession Act, 1956 (Succession Act).

In a landmark decision of the Bombay High Court in the case of Ramdas Shivram Sattur v. Rameshchandra and Others, the rights of successor have been upheld in precedence over rights of the nominee. Reliance wasplaced on an earlier decision of the same court in the case of Shashikaran Ashok Parekh v. Rajesh Virendra Agarwal & Others.  

The Court noted that nominess are appointed to ensure that subject matterof nomination is protected until such time the legal heir(s)/ successor of the deceased take necessary steps to claim their right over the property.  Thus, the rights of the immediate successor will prevail over that of the nominees. 

In the instant case, your mother is the immediate successor in accordance with the provisions of the Succession Act.  Therefore, she will have a claim over the property in her capacity both as thesuccessor and also as the joint holder.  Your nomination will come into picture only in the absence of both the joint owners.  

It is also to be noted that, co-operative societies are governed by State legislations and to arrive at a more conclusive answer, please refer to the law governing co-operatives societies in your state. 

Best regards,
Megha

1 Like

Hrushi   11 January 2022

Lovely Answered Dear Meghaji. Thanks.


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