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Ajay (Staff)     29 May 2016

Nomination form no.14 of housing society mumbai

I am trying to understand the form 14 - Form for Nomination. Point no. 4 in the form lists the names of the nominees. But Point no.5 of the form says" I state that on my death the sahre mentioned above and my interest in the flat should be transferred to Shri/Smt  ...... the first named nominee)

I own a flat and have six children. I  have entered all their names under point number 4. But then Pt no. 5 talks about only the first named person. I would like all six of them to show up as nominees on the share certificate. Please see form  below. How do I do that?

FORM 14

4. As provided under Rule 25 of the Maharashtra Co-op. Societies Rules, 1961, I hereby

nominate the persons whose particulars are as shown below:

Sr. Names Permanent Relationship Share of each Date of birth of the

No. of the Nominees Addresses with the Nominee Nominee, if the

Of the Nominee Nominator (percentage) Nominee is a minor

1 2 3 4 5 6

(1)

(2)

(3)

(4)

(5)

*5. As provided under Section 30 of the Maharashtra Co-op. Societies Act, 1960 and the Byelaw

No, 36 of the bye-laws of the society, I state that on my death, the shares mentioned above and

my interest in the flat, the details of which are given above, should be transferred to Shri /Shrimati

……………………………………………the first named nominee, on his /her complying with the

provision of the Bye-laws of the society regarding requirements of admission to membership and on

furnishing indemnity bond, alongwith the application for membership,indemnifying the society



Learning

 7 Replies

Kumar Doab (FIN)     29 May 2016

The reference has been made to : Maharashtra Co-op. Societies Rules, 1961;Sec;25,30

and 

Byelaw:No, 36 of the bye-laws of the society

 

Relate to these.

In any case the nomination in society is not  a parallel route to succession.

Despite nomination the share shall devolve upon legal heirs.

Kumar Doab (FIN)     29 May 2016

Pfa:

 Maharashtra Cooperative Societies Rules. 1961

https://yavatmal.nic.in/mOffice_DDR_RulesSoci.pdf

 


Attached File : 60926 20160529203902 302206619 moffice ddr rulessoci.pdf downloaded: 1006 times

BEENA SINGH (Business)     30 May 2016

Dear Sir,

This was just a format given for nomination. you can modify that para and can mention a name of all the nominees.

But you need to understand that they will be just a nominees of your property and on the basis of that nomination they won't be entitiled to claim ownership of the property.

Kumar Doab (FIN)     30 May 2016

The property as per query is ,In Maharashtra.

In Maharashtra in accordance to  Maharashtra Cooperative Societies Rules. 1961. nomination does not create parrallel route to succession.

Ajay (Staff)     30 May 2016

Thank you for your response Mr. Kumar Doab and Beena Singh. A related question...

The flat (for which we want to make a nomination), is in a cooperative society in Mumbai. The purchase agreement and the share certificate is in both our names.

If either of us were to die intestate, then would the flat transfer to the surving joint holder or would the N.O.C. of all the legal heirs of the decedent be needed? Would n't the precepts of joint tenancy apply? We follow the Indian Succession Act.

I am seeing  confusing articles where the society is insisting a N.O.C from the other legal heirs of the decedent.

Kumar Doab (FIN)     30 May 2016

The society Act has been attached.

You may download bye laws.

As per these it may part of bye laws that notice shall be pasted on Notice Baord inviting objections if any.

If NOC is signed it may avoid probate/succession certificate/letter of administration.

WILL in Mumbai is mandatory to be probated.

In any case the nomination in society is not  a parallel route to succession.

Despite nomination the share shall devolve upon legal heirs.

 

 

 

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     14 February 2017

Kindly prefer to read the following link, for details on Nominations in Housing Societies: https://www.lawyersclubindia.com/articles/Analysis-on-Nomination-in-housing-society-7787.asp Keep Smiling .... Hemant Agarwal VISIT: https://www.maharashtra-society-help-forum.com

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