Nominal vs associate member in coperative housing society

The immovable property cannot be transferred to the name of  the nominee  upon the death of the owner of the property.

She may be a nominee. As a nominee she can only receive the property and distribute the same to the legal heirs as per their personal  law of succession .

She can allot one share for her also if she is also one of the legal heirs.

If all other legal heirs are ready and willing  to relinquish their rights in the property then they can execute a registered release deed relinquishing their rights in the property, after which your mother can become an absolute owner of the entire property.

The immovable property cannot be transferred to the name of the nominee upon the death of the owner of the property.

Please check if it is can or cannot 

The nominee is just a trust to receive the property of the deceased who in turn has to distribute the same to legal heirs 

If the nominee is one of the heirs then he or she shall be entertained to a share in the property as per the personal law of inheritance.

The nominee cannot get the property, as she is the only custodian of the property. All the legal heirs have an equal share in the property with your mother.  So all the other legal heirs can relinquish their rights to one of the heirs, or all may distribute the property by mutual understanding. 

As very well explained and advised by learned senior experts, which I concur, nomination of a person do not entitle for  transfer of property on the death of a member of the Society since nominee is just a care-taker till the property is legally transferred in the name(s) of legal representative of deceased member.

Any suggestion depends upon the law under which the Society is registered. Of course, a nominee is only a trustee who, on the demise of the original owner, holds the property on behalf of the successors to the property.

I just remember during his life time my father had taken affidavit from the siblings (3 daughters and 1 son) which is notarised for relinquish of right in property. However the same is not registered in the sub-registrar office.The same is attached herewith. Based on this, she gifted the property to her grandson (son's son) without the consent of class 1 heirs. My father died inestate in 2019 and gift deed was executed in Jan 2020. Mother got the share certificate transferred in her name by way of nomination and claims to be absolute owner of the property. She thinks this has given her the right to excercise gift deed. It is a conspiracy between the son and mother.

As per my knowledge if the father died inestate the propert shall devolve on all his legal heirs. Hence the gift deed is invalid and illegal. Is the affidavit valid as it does not meet the requirement of Section 49 of the Registration Act which says that right on property cant be reliquished on non registered consent affidavit. 

Based on the above I hold 20% share in the property. Can a file a suit of partition and oppose the gift deed as void. Please advise.

In your earlier postings reveal that there are lot many litigation within the family. 

The attachment is not a document, but amere proforma.

Sir I have reproduced the contents of the affidavit 

Some vital information is still missing from the facts posted by you.

It is better to consult and engage a local prudent lawyer for proper appreciation of facts/ documents, professional advise and necessary proceeding.

From your narration it appears that yours is a premises type of co-operative housing society and not a building type of co-operative society. The laws are different for the two types of societies. The learned lawyers have given opinion on the rights of nominees. Your mother was a nominal member and not a nominee. The two are entirely different. The definiton of nominal member is different in different societies. In some societies a tenant who hires the residence on rent and pays rent to the member of the Society is enrolled as a nominal member. A nominal member will have no right over the capital and property of the member or of the Society.

A nominee is a person nominated by the member to whom the rigthts on the capital and property are to be transferred in the event of death of the member. A person whose name is not entered in the share certificate will have no rights on the capital and property of the Society. According to the Maharashtra Co-operative Societies Act, 1960 an Associate Member is one whose name appears in the share certificate but not the first in the list of shareholders. Whether an Associate Member is a co-owner of the propety is ambiguous. According to the Act the only right of an Associate Member is to attend general meetings in the absence of the member and vote as his/her proxy. As your mother's name is not in the share certificate she has no rights whatsoever.

Ok thanks. And what about the affidavit executed while my father was alive. Does it hold good as it is unregistered. If you see the contents on the 1st page it is clearly mentioned my mother is a nominal member. 

The affidavit looks like a family settlement. A family settlement, as in the case of a will need not necessarily be registered. It should have been witnessed by two witnesses. If it is not witnessed by two witnesses, I do not know whether notarising alone would be sufficient. Do any of the signatories to the settlement refuting the settlement now?

No it is not witnessed. In a family settlement I think it should be signed by all the family members including parents. But this affidavit it is signed only  by siblings and parents have not signed. 

So I don't think it is a family settlement. Your comments.