My friend's mother had nominated my friend and his elder brother as nominees in a flat in Mumbai in the following percentage: (1) Elder brother: 50%, (2) my friend: 50%. The mother expired in March 2014.
In the nomination form submitted to the Society, the elder brother's name appears first and that of my friend second.
The queries are:
1) Will both brothers become equal and joint owners of the property?
2) In the Nomination form, it is mentioned that " As provided under section 30 of the Maharashtra Co-operative Societies Act, 1960, and Bye-laws No.34 of the Society, I state that on my death the Shares mentioned above and my interest in the flat, should be transferred to XYZ, the first named nominee, on his complying with the provisions of the Bye-laws of the society....". The elder brother's name appears first in the nomination form. My friend's name appears second.
3) Will both brothers still remain 50/50 owners of the flat after the transmission?
4) Also, if the second named nominee wishes to become the society member instead of the first, should he give a letter to the society to this effect? Where can such a letter format be obtained? Thanks.
