jayashree joshi 05 October 2020

Transfer of shares and interest in the property after member

Nominee has submitted the application for transfer of the shares and interest of the deceased member in the property of society in his name.The legal heirs as per registered will made by deceased member just informed about the will to the .society and approached society and enquire about the procedure for tranfer to legal heirs with consent of nominee.The name of nominee and legal heirs is different. What are the guidelines to be followed by co op housing society under MCS Act.

Meera Joshi

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Quick Summary

This discussion addresses the complexities of transferring a deceased member's shares and property interest in a co-op housing society. When the nominee and legal heirs are different, and a registered will exists, the society must follow specific guidelines under the MCS Act. The nominee does not automatically become the owner; legal heirs can claim the property via a will, potentially requiring a probate from the court.

2 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 05 October 2020

NOMINEE DOES "NOT" BECOME OWNER OF FLAT:
https://chshelpforum.com/nomination-in-chs

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

SHIRISH PAWAR, 7738990900 (Advocate) 05 October 2020

Hello,

You have to get probate from the court about the will executed. You can issue a legal notice to society about the will executed. In your case nominee will not get the property transferred in their name.