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Hrushi   29 November 2021

Activation of Nominees in Co Op Hsg. Soc. in Mumbai.

In a Co Op. Hsg. Soc. in Mumbai Two Flats Jointly owned by husband 'A' and wife 'B'.
In 1st, Flat husband 'A' is Member and wife 'B' is Joint Holder and son 'C' is nominee.
In 2nd, wife 'B' is Member and husband 'A' is Joint Holder and son's wife 'D' is
nominee.
Both 'A'and 'B' have other 4 daughters.
Now husband 'A' died. and both the nominees 'C' & 'D' want to activate thier nomination .
1) What Documents are nedded for activation of nominations.
2) What will be status as member and % of shares of are entitle to both the nominees in respective flats.
3) The wife 'B' being Member,is alive in 2nd Flat,can nominee 'D' be incorporated as Provisional or Joint Member.


Learning

 1 Replies

Kishor Mehta (CEO)     29 November 2021

Nominees in ownership flats are trustees and hold the flats in trust for the legal beneficiaries of the owners, they do not get any ownership rights. In your case the Husband and wife are considered equal owners in both the flats, on demise of the husband his share in both the flats will be shared equally between all of his legal beneficiaries, that is between his wife and children. Since one of the owners, of both the flats, is alive the nominees do not have any role to play. The wife can reqeust the society to endorse the share certificates of both the flats to her individual name after observing the necessary legal procedure.

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