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Advocate Mukherje (Advocate)     02 November 2024

West bengal co op society nomination process

How a flat owner should properly nominate one of his sons as nominee of the property? What are the documents required the nomination to be valid after his demise? Should he obtain the NOC of his other sons and daughters and attach it with the nomination form or it is the nominee who should obtain the NOC of his siblings after his father's demise? When he can claim his nomination is done following proper legal steps? 



 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     02 November 2024

To nominate one son as the nominee of the property, the flat owner should:

1. Check the bye-laws of the cooperative society or the terms of the property deed to understand the nomination process. 

2. Fill out the nomination form provided by the society or create a nomination deed. 

3. Mention the name, address, and relationship of the nominee (son). 

4. Get the form or deed signed by two witnesses. 

5. Register the nomination form or deed with the society. Documents required: 

1. Nomination form or deed 

2. ID proof of the nominee 3. Proof of relationship between the flat owner and nominee 

4. Witness signatures NO Obtaining NOC from other sons and daughters is not mandatory but recommended to avoid disputes. 

The nominee can obtain NOC from siblings after the flat owner's demise. The nomination is valid after:

 1. Registration with the society

 2. Payment of any required fees

 3. Acknowledgment by the society To claim the nomination, the nominee should:

1. Produce the death certificate of the flat owner

 2. Submit the nomination form or deed

3. Provide ID proof and proof of relationship 

4. Obtain a succession certificate from the court (if required) 

Advocate Mukherje (Advocate)     02 November 2024

As per supreme court judgement nominee is just a custodian.. So if any sibling refuse the give NOC and files objection to the society, claims equal share what will happen then? 


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