Associate member 50 percent property share inheritance query?

Hello,

Associate member does not mean transfer of share in flat. Your mother has already informed you that nomination was made in both son. So you can confirm with society office. Even in case of nomination both sons will get equal share after death of your father.

Thanks for your prompt reassuring legal advise Mr Advocate Shirish Pawar

I would like to confirm that my Father has indeed transferred/registered 50% Share(s) of our Flat to my Older Brother and now they are in the process of registering him as an Associate Member in our Co-Operative Housing Society. This is all the information I have for now. Taking my Father's illness into consideration, I am not prying too much into the whole affair. I understand as per your legal advise based on the information I have provided, both Myself and my Older Brother will get equal share in the long term. I'll confirm the Nomination part from our Society's ofice.

Any more legal thoughts on the matter if any are welcome.

Dear Querist,

An associate member is defined to mean “a member who holds the right, title and interest in the property individually or jointly with others but whose name does not stand first in the share certificate”. This means he shall be co-owner.

He holds joint ownership up to 50% and after his death, his share will transfer to his legal heir by equal share. This means if his son is the only surviving heir and none else alive than only son is the absolute owner. Otherwise for selling the flat, others involvement will also be required.

Regards,

Palak

Dear Palak,

Could you please elaborate on this?

Thanks!!

Dear Querist,

Firstly, as stated in the query itself, the nomination for the flat is in names of you and your brother. That means that your elder brother can’t have all the property under him. You will be given your share of the property. 

Once you acquire the ownership of the property. The nature of the property would become individual and you will have all the right to sell, use the property as per your discretion.

Regards,

Palak

It is beneficial right on the property that matters. Originally the flat was purchased in the name of your father though both father and mother contributed to the cost. Presumably the purchase document mentions only the name of your father and not your mother. Your father transferred 50% of his share to your brother. Was the transfer registered and stamp duty paid? If not the transfer would not be valid. If stamp duty was paid and registered, then 50% will be that of your brother and  50% that of your father. In the event of death of your father intestate his 50% share will be equally divided among the survivors.

I presume that the flat is in Maharashtra. If not, the situation can change. Making Associate Member in a CHS without transfer deed with stamp duty paid, does not confer beneficial right on the Associate Member.