Flat transfer to single son

I am holding my flat for the pasr 50years. My only record is the share certificate in my name. When the flat came into my ownership there was no stamp duty.  Around late 1970's or early 1980's transfer of co-op society flats came under Bombay Stamp Act. The bill that was introduced in the Assembly  stated for this purpose was earning revenue for the State and for nothing else. It was not for conferring ownership. Transfer of a co-operative society flat is not transfer of immovable property. The owner of the whole building and the ground on which building stands is the co-operative society. When a flat is transferred only the tenancy right is transferred and it is subject to stamp duty since 1980 or so. The original flat owners in an open plot type co-operative society have no ownership documents with them other than the share certificate and the allotment letter from the society. Flats continued to be transferred to nominees by mere transfer of the shares and entries in society's books. The nominees also sold the flats along with the share certificate. Then came the amendment to Bombay Stamp Act and the transfers required the execution of a conveyance document and payment of stamp duty. Still later came judgments ordering that nominees are not beneficial owners of the flats. Now Supreme Court has reversed those judgments. As of now there is no document for the ownership of a co-operative society flat other than the share certificate and entries in the books of the society. The sale deed and its registration are only confirmation of the sale and not the basic ownersip. For the proof of ownership of an immovable property in Maharashtra there is "Property card".  The society has property card with respect to the whole building and the land. Individual flat owners have no property card. Now I understand that the Government has decided to issue property cards to individual flat owners also. We have to wait and see.

Respected Dr. J. C. Vashista says

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

In Mumbai flat owners do not pay tax directly to the Municipality. Society pays the tax as well as the ground rent to the Government. The Sub-Registrar will register the transfer from one owner to another. He does not register the transfer to a nominee and confirm his ownership.

The question of ownership comes only when one's ownership is disputed by another party or when the present owner wants to irreversibly alienate flat. In the latter case if the prospective buyer asks for it.

How to confirm one's ownership of an immovable property?  If one has a will in one's favour one can apply for and obtain a probate. If there is no written will but one is legal heir one has to get a succession certificate. A probate or a succession certificate is issued by a court of law.  In either case there is elaborate procedure like public notice calling for objections, examination of witnesses etc. Only courts can do them. No sub-registrar can do that. 

One method often adopted by persons is mutation. Mutation is getting one's name entered as the tax payer in place of the dead person with municipality and revenue authorities. In the case of co-operative society flats taxes are paid by the society and not flat owners. So mutation cannot be done.

You have stated that the Society pays ground rent to Government, on behalf of members of the Society which implies it (flat) is on lease of the lessor (government in instant case) and title (ownership) of the flat is still with the lessor (government). 

It order to become titleholder (owner) flat has to be converted into FREEHOLD by following procedure and payment of xxxx amount as per rules of the lessor  and execution by the government in favour of share holder member (lessee) and registration of Conveyance Deed by concerned Sub-Registrar.

Question of execution of WILL, its probation or mutation of the flat vis-a-vis its title is altogather different subjects,  which are to be dealt separately.

What I wanted to state was that I humbly disagree with your statement (which was supported by Advocate Kalaiselvan) that

"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."

On application by the nominee the Society tranfers the shares (with specific distinctive numbers) to the name of the nominee. The Society also makes entries in the books of the Society regarding (1) transfer of the shares (2) transfer of the flat (3) admission of the nominee as a member of the society. Then the society returns the share certificate along with a flat allotment letter to the applicant i.e. the nominee. Once this is done the nominee has the tenancy right of the flat. He need not go to authorities such as Municipality/Sub Registrar etc.

I am member of a society in Mumbai for the past more than 50 years. I was also Secretary of the Society for decades. Many flats have been transferred to nominees during my period.

Municipality or Sub Registrar can do nothing in this matter.