Transfer of ownership to nominee

The share certificate of the flat is not the title document.

You have rightly understood that the nominee is not the owner of the property upon the death of the owner.

The nominee is just a trust to receive the property and distribute the same to the legal heirs/successors in interest.

You are having a right to a share in the flat, hence you may file a suit for partition and also file an application to restrain him from alienating the property in any manner besides  you can demand share in the mense profits out of the revenue augmented through the said property.

Well analysed, opined and advised by expert Mr. T Kalaiselvan, I fully agree.

Society can transfer "share" to nominee, which do not confer title (ownership), which would be transferred all heir(s) of deceased.

All legal representatives of your father shall get their share in income and liable for expenses incurred for the intestate property.

File a suit for partition, possession, rendition of accounts and  permanent injunction through a local prudent lawyer in the court of jurisdiction.

Repeating quiery will not change its ststus,,,, enjoying to tickle experts here.....

Thank you for responses. Attached are some documents on this transfer. 

It states transfer of flat, shares and interest. From responses, I understand transfer of share certificate doesnt mean transfer of ownership/title. 

Doesn't these documents indicating transfer of flat and interest mean the transfer of ownership?

Note: I am not repeating my queries, all are different and has different challenges in it

response----- same as in your previous  query

https://www.lawyersclubindia.com/forum/filing-property-share-rights-without-id-proof-of-parents-230900.asp

Yes, you may file a suit for partition as already suggested.

There is no clear law in this case. Some 40 years ago there was no stamp duty for the transfer of a co-operative housing society flat. The transfer was completely within the juridiction of the Society management. They had to endorse the transfer on the relevant share certificate and give it to the tranferee along with an allotment letter. That was all. Then the Maharashtra legislature amended the Bombay Stamp Act to include Co-op Society flats in the list of immovable properties liable for stamp duty on transfer. Every bill presented before the legislature gives a reason for the bill or the amendments to the Act. The reason given in this case was 'to earn revenue for the State' and nothing more. Flats continued to be transferred to the nominee (without stamp duty) and nominee could transfer the flat to a purchaser executing a stamped transfer deed and registered. Actually co-operative societies were outside the purview of the Registration Act. I do not know when they were brought under the Registration Act. However nominees were absolute owners for all purposes. I was myself Secretary of our Society for several years and many tranfers by nominees have happened in our society. Then some 10 years ago came judgments saying that nominees are not absolute owners of the flats. The Maharashtra Government amended the Act in 2019 or so to make nominees provisional members of the flat. It appears that a provisional member has all the rights of a member except that he cannot alienate the flat. It owner means that a prudent purchaser will not purchase the flat unless he is sure about the ownership of the flat by the seller. A propective tenant may not bother that much because much is not at stake for him. Ultimately he may have to vacate the flat and nothing more. If a flat is being held by the nominee the legal heir or heirs has/have to do the following. They have to apply to the court following necessary formalities and get succession certificate. Then along with the nominee/provisional nominee apply to the Society for the transfer.  If the nominee and/or the Society do not co-operate they will have to go to the court.

The Modi Government has amended the insurance law. Under the amended law a nominee is a beneficial owner provided he is one of the specified relatives. The specified relatives happen to be legal heirs under the succession act. The co-operative society law should also be amended similarly. I see no reason why a nominee should be treated differently from a legatee under a testament. This is a confusion created by judges.