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Nitin Bhansali   11 July 2021

Ownership if case of demise of one of the joint owners

Dear Sir/Madam,

Brief background ...

1. Currently Flat has joint membership of two sisters and they are only two legal heirs of the property. The flat is in Mumbai in a    cooperative society. ( CHS).

2. There is a consent deed/ society NOC  reflecting those facts in place.

3. Share certificate and as per society flat is owned by two sisters.

4. There is a cross nomination  in place

   a. Sister A  to Sister B 50% and  Sister A's husband remaining  50%

   b. Sister B  to Sister A 100%.

5. Now Sister A  died recently intestate.

6. Sister A and her husband don't have any children.

7. Sister B is a spinster.

My query regarding ownership and transfer ...

As per me,  the said flat should be 100% owned by Sister B by filling appropriate forms and consent deeds, indemnity bond, and then subsequently as per her wishes she can amend/make a new nomination.

I would appreciate your guidance/comments and which forms should be filled in.

Thanks for your valuable input /feedback.

Yours sincerely.



 1 Replies

srishti jain   02 August 2021

As per the scenario you have mentioned, let me brief you about nominees and successors.

According to law, a nominee is a trustee of the assets. He is not the owner but an individual who will be legally bound to transfer the asset to the legal heirs. In the case of a female dying intestate, her interest, will be succeeded to her heirs. Her heirs would be her husband, her children and children of predeceased children. These heirs would succeed to her property whether she dies without seeking partition or she dies after partition.

Nomination is a temporary arrangement so that the shares of the deceased do not remain ownerless, during the period that succession issues are resolved. The legal heir, after the death of a married woman, will be a Class I heir which includes, her husband, her children and children of predeceased children. The rights of the nominees will not prevail over that of the successors.

As per the scenario you have mentioned, sister A’s heir would be her husband. He would succeed to her property. 50% share in the property belongs to her husband and the rest to her sister B. Sister B can make new nominees but only for her share.

Hope it helps,



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