Vaidyanathan (Advocate) 04 May 2022

Transmission of flat in a co-operative housing society

Dear Sirs,

A flat jointly owned by Mr. A and Mrs, B in Mumbai under MSC act. Both jointly has nominated wife of Mr. A.

The second holder Mrs. B dies. The first holder wants absolute right over the flat.

1) Will the society compusarily transfer the flat to the Nominee?

2) What document should the first holder submit for effecting the transfer in his name.

3) By virtue of the death of 2nd holder (Associate member in legal parlance) can the society transfer the flat to the first holder in entirety.

Thanks

V. Vaidyanathan

Hello,

1) Will the society compusarily transfer the flat to the Nominee?

Yes, society can transfer the share of Mrs. B to her nominee as per nomination made with society.

2) What document should the first holder submit for effecting the transfer in his name.

He has to submit the sociey transfer application, membership form, affidavit etc. to society.

3) By virtue of the death of 2nd holder (Associate member in legal parlance) can the society transfer the flat to the first holder enirely.

Society can only transfer the share of Mrs. B in the name of Mrs. A i.e. nominee. Later on Mrs. A can transfer her share in the name of A.