Procedure for transfer of flat to legal heirs in housing society
Procedure for transfer of flat to legal heirs
in housing society
In Property Law
Dear Sir\ Madam, Currently the flat is in the name of my paternal grandfather, and that needs to be
transferred to my mother's name. Since my father is retired and does not have any source of
income, society bills are paid by my mother. My grandfather have 2 sons (1 - my father + 1
deceased) and 1 daughter (married). my father is the eldest son. we have death certificate of my
grandfather and my uncle. my grandfather does not have any will 1. Do we need any legal hier
certificate , as my father is their only son, who is alive. ? 2. since we are muslims, could her daughter
(my aunt) has any claim to her father's property , since she is married and settled. 2. can my father
transfer property to my mother's name ? 3. what formalities needs to be completed ? please give
your feedback\suggestions thanks .
Answers (1)
The procedure for nomination by a member of co-operative society is provided in bye
laws of the cooperative Housing society, bye law no. 32, which runs as under:
“A member of the society may by writing under his hand in the prescribed form,
nominate a person or persons to who the whole or part of the shares and /or interest of
the members in the capital/property of the society shall be transferred in the event of
his/her death.”
Further no fees shall be charged for recording the first nomination.
A members may revoke or vary his nomination, at any time, by making an application, in
writing under his hand to the to the secretary of the society.
Every nomination made, shall be recorded in register of nomination “within 7 clear days’’
from the date on which resolution to accept the nomination was recorded in minutes of
managing committee.
Every fresh nomination shall be changed a fee of Rs100
Transfer of shares/of interest on event of death of member to a nominee:
It is clearly provided in section 30 of the Maharashtra co-operative societies act, 1960
(Act no. XXIV of 1961 Mah) that, on the death of a member of society, the society shall
transfer the share or interest of the deceased member to person or persons nominated
in accordance with the rules and byelaws.
Analysis of section 30
A nominee comes into picture only on death of the member. The society shall transfer
the shares of the deceased member to nominated person.
Whether it is advisable to make a nominee in case of joint ownership of flats?
The object behind nomination is to avoid confusion in case there are disputes between
the heirs and legal representatives and to obviate the necessity of obtaining legal
representation and to avoid uncertainties as to with whom the society should deal to get
proper discharge. Nomination does not create a new rule of succession.
Therefore, it is highly advisable to make a nomination in case of joint ownership of a flat.
In case of a simultaneous death of both the joint owners, the flat is rendered intestate.
The due process of law has to be followed to transmit such a flat in the name of the
legatee. An appointed nominee and a will (of a joint owner bequeathing his/her
ownership in the name of the other joint owner) can go a long way in avoiding
unnecessary confusion and ambiguities. In a case where both nomination and Will is
prepared, the Will will prevail over the nomination paper.
Procedure to follow for transmission when nomination is made by the flat owner
(1) The form of application for membership in Appendix-15, by the nominee/ nominees
[ under Bye-law No. 34] with Rs100 entrance fee.
(2) If nominee has no independent income source, an undertaking on Rs100 Non-
Judicial Stamp Paper, in Appendix-5 will be furnished by a person who is a close
relative and an earning member and who is ready to discharge the liabilities of the
prospective nominee-member to the Society. [ under Bye-law No.19(A) (v)]
(3) If there are more than one nominee, an indemnity on Rs200 Non-Judicial Stamp
Paper is to be submitted by the prospective nominee-member, in Appendix-18. [ under
Bye-law No.34 ]
(Note: This indemnity is to be given, only if one of the nominees become member of the
society. If first named nominee becomes a member of the Society and all other
nominees become joint associate members, this indemnity need not be given.)
(4) Undertaking on Rs100 Non-Judicial Stamp Paper to be submitted by the prospective
nominee-member, in Appendix-4. [ under Bye-law No.17(b) and 19(A)(iv) ]
(5) Copy of the Nomination Form in Appendix-14, of the deceased member. [ under
Bye-law no.34 ]
(6) Attested Xerox copy of the Death Certificate of the deceased member. [ under Bye-
law no.34 ]
(7) Xerox copy of the Share Certificate of the deceased member, with undertaking on
the Xerox copy, that original share certificate will be produced by the member, as and
when asked by the Secretary for making the name change by the Society.
(8) If nominee-member wants to make one of his relatives an associate member,
simultaneously with him, he needs to apply by filling the form in Appendix-8, with Rs100
entrance fee for the Associate Member. [ under Bye-law No. 19(B) ]
(9) If the nominee already possesses another flat in the same society, then to hold an
additional flat, an application in Appendix-28, has to be made by the nominee-member. [
under Bye-law No. 62 ]
(10) Nomination to be made by the nominee-member, in Appendix-14, in triplicate.
[ under Bye-law No.32 ]
(NOTE: This is also applicable, to the case, when no nomination is made, as given
below...
(1) All forms and papers as stated above are to be submitted in a file to the Society's
office.
(2) All dues of the Society and the deceased member in arrears and also future dues for
the following six months have to be paid by the nominator member at the time of
submitting the membership application.
(3) All stamp papers are to be purchased in user's name.
(4) Entrance fees, as in Sr. No.(1) and (8) have to be paid along with dues, at the time
of submitting of the forms to the society.
(5) If the Society does not inform you of any objection within 90 days of submitting of
your application for your membership, then under Section 22(2) of Maharashtra Co-
operative Societies Act, 1960, you become a deemed member of the Society. To
confirm your deemed membership, you have to make an appeal to your Deputy
Registrar, to take a hearing and pass an order under section 22(2), to confirm your
membership by the society.)
Procedure to follow for transmission when no nomination is made by the flat owner or
when no nominee is ready to accept the membership of the society
In such a case, if there is a dispute among the relatives of the deceased, the Society will
demand Succession Certificate from the the relatives of the deceased. Negligible Court
Fee has to be paid for the same, in the light of judgement delivered by the Bombay High
Court, in case of Testamentary Petition No595 of 2005, Yallappagauda Shankar Rao
v/s Smt. Yallappagauda Manjunatha Rao.
When there is no dispute, following papers are to be submitted:
(1) Application for membership by an heir of the deceased member, in Appendix-17,
with Rs100 entrance fee. [under Bye-law No.35]
(2) If the heir does not have an independent source of income, an undertaking by an
earning member and relative of the heir, who is ready to pay all Society's due of the heir
has to be made on Rs100 Non-judicial Stamp Paper.
(2) The heir has to give an indemnity on Rs200 Non-Judicial Stamp Paper, in Appendix-
19. [ under Bye-law no.35 ]
(3) The heir has to give an undertaking on Rs100 Non-Judicial Stamp Paper, in
Appendix-4. [under the bye-law no. 17(b) and 19(A)(iv) ]
(4) CHS will display the notice in Appendix-16 in its notice board, send a copy to every
member of the Society and will publish it in two local news papers having wide publicity,
one in local language and one in English. Any claim from the public has to come within
a period of 15 days from the date of publication of the notice. [ under Bye-law no.35 ]
(5) Follow points (6) to (10) as mentioned above in the case where nomination is made.
(Note: The heir has to take a Xerox copy of the notice published in all the news papers
as proof of publication in the newspapers and among the members of the said CHS.
These are to be submitted to the Society, as a proof of publication in the papers.)
He will then submit his papers to CHS, only after the period stated in the newspaper has
expired.
Advocate Siddhant Sharma
4.5| 100+ user ratings Green Park Extension, Delhi
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