Transfer of deceased flat on nomination form signed by the deceased

A complex situation! In Maharashtra, the MCS Act governs cooperative societies. Nomination forms are typically used to expedite the transfer process, but they don't override legal heirs' rights. In this case: 1. _No Will_: The deceased member didn't execute a Will, so the property will be distributed according to the Hindu Succession Act (HSA) or the Indian Succession Act (ISA), depending on the member's religion. 2. _Nomination form_: The nomination form signed by the deceased member in favor of his 2 daughters is not a binding document. It's merely a recommendation. 3. _Legal Heirs_: The deceased member's legal heirs include his wife (if alive), sons, daughters, and other relatives, as per the HSA or ISA. 4. _Society's role_: The society can't transfer the flat solely based on the nomination form, ignoring other legal heirs. They must follow the legal procedure: a) Obtain a legal heirship certificate or succession certificate from the court. b) Verify the identities and relationships of all legal heirs. c) Ensure that all legal heirs consent to the transfer or obtain a court order. In summary, the society cannot transfer the flat solely based on the nomination form, ignoring other legal heirs. They must follow the legal procedure to ensure a smooth and lawful transfer. Consult a lawyer specializing in cooperative society laws and succession matters for further guidance.

Thank you so much for your prompt reply

It will not be proper and legally valid to transfer the share of the flat to a third party just based on their request letter.

You may insist them to produce legal heirship certificate or a succession certificate from court in order to enable the society to transfer the share of the flat to thier names.

If you do not follow the procedures of law then you will be held liable for the future legal cosnequences in this regard

thank you so much for your prompt reply

You are welcome for your appreciations.

The deceased had not executed a will. But his two daughters have submitted nomination form. Was the nomination made by the deceased during his lifetime and registered with the Society? If so read the following.

U/s 35 of the Maharashtra Co-operative Societies Act,1960 if a nomination has been made the Society can transfer the interest in the capital and property of the society to the nominee. According to the judgment in the Indira Wahi vs, Registrar of Co-op. Societies civil appeal no.4646 and 4930 of 2006 if there is a valid nomination made during the lifetime of the deceased the interest can be transferred to the nominee. Legal heirs, if any, can agitate in a court of law and claim their rights later. If no one is admitted as member of the society waiting for legal heirs to make claim, who will pay the dues to the society from time to time? Maharashtra Government had introduced some ambiguous sections in this regard through an ordinance. But I understand that as they were not passed into law by the legislature they got lapsed

If they so feel, the society can take an indemnity bond from the nominee that if in future any dispute arises any legal expenses that may have to be borne by the society shall be reimbursed by the nominee to whom the interest in the property was originally transferred

Why niece daughters? Who, indeed, are the legal heirs?