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Mr X (Proprietor)     14 November 2013

Nominee's rights?


A residential property is owned by 'A' & 'B'. 

'A' & 'B' are related to each other. '

'A' has nominated his two sons 'C' & 'D' as the nominees of the flat.


1. If 'B' dies then does the entire flat belong to 'A' and vice versa? If no then what happens?

2. If both 'A'  & 'B" dies then does the entire flat belong to 'C' & 'D'?. If no then what happens?

3. What would be the role of the CHS in the above two scenarios? 


 3 Replies

Mihir..... (Wealth Manager)     15 November 2013

1) If 'B' dies, the society will request for a Will or a succession certificate from the legal heirs of 'B'.

2) If both 'A' and 'B' dies, the society will still request for a Will or a succession certificate from the legal heirs of 'A' and 'B'.

3) The society may ask the nominee to file undertaking to become the official nominee member of the flat in the society. But they cannot become the owners of the flat without following fair documentation from the rest of the legal heirs.

Mr X (Proprietor)     15 November 2013

Thank you sir for your prompt response. :) Appreciate it

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     15 November 2013

Are you with a Co-operative Housing Society in Maharashtra? If so the names of A and B would have been entered in their register, one as member and the other as Associate member. Only the main member can give nominations. If A was the main member, on his death the Society can transfer the flats to his nominees without asking any further questions. Even B will cease to be an Associate Member. Under law a nominee will not become an owner on transfer of the flat to his name. He will be only holding the property as a trustee. He has to transfer the property to the legal heirs or the successors according any will on demand. If no demand is made, it will become his property with lapse of time.

If B has any beneficial interest in the property he must register the same with the Society with necessary evidence. For instance B will have beneficial interest in the following cases among others

1. If the transfer deed for the purchase of the flat contains his name also. If his share had been specified in the document, his claim will be in accordance with that. Otherwise it will be deemed to be 50%. But if B keeps quiet, he will lose his claims, if any.

2. If both A and B had inherited the property from a common ancestor.

According to the Maharashtra Co-operative Societies Act, 1960 an Associate Member will have no right with regard to his membership except to vote at General Meetings in the absence of the main member.

It would be advisable for B to make his rights and claims to the Society during the lifetime of A itself to avoid disputes later.

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