Flat transfer to single son

The legal heirs of the deceased person are the wife and children.  If you are the only son, what about your mother?  If she is alive, she shall execute a release deed in your favour for her half-share in your father's property. 

Not only the son, but the widow of the deceased is also one of the legal heirs, hence you may first obtain a legal heirship certificate from the Tehsildar's office and get the property mutated on both the names.

If your mother wishes to give up her rights in the property then she can execute a registered release deed relinquishing her rights in the property after which you will become a sole owner of the property.

You get a probate in Mumbai if there is a will in your favour. If the will is in favour of another person, the other person will be entitled for the probate. If your father died intestate you and your mother will be legal heirs. If your mother is also deceased you are the sole heir and you have to get a succession certificate in the absence of a will. If your father had given your name to the Society as his nominee, the Society can straightaway transfer the flat to you. Under Section 30 of the Maharashtra Co-operative Societies Act. 1960, the Society can transfer the flat to you even if there is no nomination, if you give a letter to the Society stating that you are the sole heir and an indemnity bond indemnifying the society in the event of a counter claim. Confusion has been created because of High Court Judgments during the past 10 years or so, saying that a nominee is not legal heir to the property. I understand that recently there is a Supreme Court judgment restoring the right to the nominee as the beneficial owner of the  property. In our Society in Mumbai we transfer to the nominee if there is a nomination and if there is no nomination we transfer if he appears to be the legal heir. The society wants a person who takes responsibility to pay the dues as a member.

The owner of flat is stated to be "deceased", who is going to execute "will" in favour of his son, which may require to be probated in Mumbai ?

Whether the member (deceased) has nominated someone in Society records ?

Who else is the legal representative (heir) of deceased to determine share of his son ?

You have left many vital information to presume, hence it is inappropriate to form opinion and oblige.

Give all the information as stated by Dr. J.C. Vashista

If son is the only legal heir to the father and in the absence of his mother, he will automatically succeed to his father's estates even if his father is dying intestate.

However to avoid any complication, let your father transfer the property either by a testamentary disposition (Will) in favor of his son which will come into force upon the death of the father or he can execute a registered conditional settlement deed with a condition for lifetime interest upon himself so that he can enjoy the property and the income out of the said property till his lifetime subsequent to which the son will automatically take possession of the property.

Son is already stated to have been nominated by member (father) in Society records and none else is the LR of deceased member, the flat shall automatically be inherited by him (son).  Hence there is no need for executing any other document / taking any legal recourse.

The property is in Mumbai. There was some confusion because of judgments that nominee will not be beneficial owner of the property. Now there is a Supreme Court judgment restoring benefical ownership to nominee. See my previous post. The Society could always transfer the ownership to a nominee. The problem will come only if and when the nominee wants to alienate the property. The prospective purchaser may be hesitant. You have to convince the purchaser.

Society cannot transfer title (ownership) of the flat in the name of nominee, it can transfer share of deceased member in the name of nominee.

However, the nominee has to get the title transferred by competent authority such as Municipality / Sub Registrar etc.

The opinion expressed by senior expert Dr. Vashista sir is correct and very proper.

I endorse his views. 

Thank you senior expert Mr. T Kalaiselvan ji for endorsing my view and opinion on the subject.

Warm regards.