Nomination

Procedure to be followed by the society in the event of death of the member

• The managing committee of the society shall verify the nomination form duly submitted by the deceased member and the Will of the deceased member duly probated by the appropriate court through the executor of the Will or the letters of administration or the succession certificate obtained from civil court under the Indian Succession Act 1925.
• The Society will act on the nomination immediately on death of the member and transfer the share or interest to the nominee, without waiting to find out who the actual owner of the share or interest is, so that there is no hindrance in the functioning of the society. Apart from this, the nomination has no legal effect and it cannot deprive the heir or legatee of his right to the share or interest of a deceased member. Nomination cannot override the general law of succession.
• When a nomination is made in accordance with law, the society cannot make any inquiry or invite any objection. The share or interest of the deceased member must be transferred in the name of such nominee/s.
• In the absence of any person being nominated, the society shall transfer the share or interest to such person as may appear to the managing committee to be the heir or legal representative of the deceased member provided he is duly admitted as a member of the society.

Seek step by step guidance from Managing Committee of your society.

The nomination has nothing to do with the Sub Registrar for indexing of transfer of ownership.  The transfer of ownership is different from a mutation in society's records.

On the death of the mother the property is already devolved upon the legal heirs. The nomination pertains only to the membership/share in the Society. 

Are you the only legal heir to your late mother. If not who are the other legal heirs?

It is mandatory for the society to transfer the share certificate to the name/s of the nominee/s as soon as the death certificate of the owner is submitted with the necessary forms.

Names of both of you will figure in the endorsement on the share certificate and will show the shares of each as per the nomination paper.

Did you (both nominees) apply with relevant documents for transfer of share in the society as per nomination registered by deceased member ? If so, what is response of the Managing Committee ? 

You have to submit the nomination form, death certificate of your mother and the original share certificate to the management for the necessary endorsement. You need not approach the Registrar he has no locus standii in this matter. 

Section 91 of Delhi Cooperative Socoeties (AMMENDMENT) ACT, 2006. 

A member of a housing society who has sold his plot or flat on the power of attorney or agreement for sale or by sale deed; shall cease to be a member of that society from the date of the sale of plot or flat:

Provided that the purchaser having registered power of attorney or registered agreement for sale or registered sale deed, as the case may be, in respect of such plot or flat, may apply for membership by paying transfer fee of five hundred rupees and share money and admission fee as per the provisions of the bye-laws of the society and the committee shall grant membership to the applicant within thirty days after the submission of his application. In case of refusal by the committee, the applicant may appeal to the Registrar within thirty days and the decision of the Registrar shall be final: 
Provided further that no purchaser shall be entitled for more than one membership in a housing society”. 

The power of Attorney holder where draw of lots of Flats/ Plots have been conducted by DDA and who wants to seek membership in the concerned society as per section 91 of the Act, have to submit the following documents along with application form :

(a) Affidavit on a stamp paper of Rs. 10/- for discharging all the liabilities to the cooperative society in respect of the flat/plot or common areas which may be outstanding against the allottee or occupant of the flat or plot within a period of 90 days of raising the demand by the society.

(b) Attested copy of duly registered sale deed, agreement to sell and conveyance deed; as the case may be. 

(c) Original share certificate issued to the allottee and in case the original share certificate is not available, the transferee shall execute an indemnity bond to indemnify the society for any losses caused on this account. 

(d) Receipt of transfer fee of five hundred rupees for the Common Good Fund of the co-operative housing society;