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Ritesh M   06 November 2022

Is nomination valid after building demolition for redevelopment

Respected lawyers .

in a redevelopment of society project is the registered nomination on existing (old) flat (that get demolished) still valid during the course of the project? Is it better to mention the name of the nominee person in the individual agreement that done between builder and member.

 



 1 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     23 July 2025

Nomination Validity During Redevelopment Nomination is linked to membership, not ownership.

 It allows the nominee to represent the deceased member in society matters, but it doesn't automatically transfer ownership. If the flat is demolished, the physical asset no longer exists, but the membership rights and obligations continue during redevelopment.

The nominee’s role remains valid until the legal heirs are determined or ownership is transferred. So yes, the nomination can still be relevant during the redevelopment phase.

📄 Including Nominee in Builder-Member Agreement It’s highly advisable to mention the nominee’s name in the individual agreement with the builder, especially if the original member has passed away or is unavailable. 

This ensures clarity and continuity in communication, legal standing, and future possession rights. However, this does not replace succession laws—the nominee is not the legal heir unless specified in a will or through legal documentation. For a deeper dive into this issue, you can check the discussion on LawyersClubIndia, where legal professionals weigh in on similar redevelopment scenarios.


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