1 hr ago

Maharashtra Nominees Do Not Automatically Own Cooperative Society Flats

A nominee is the person a housing society deals with after a member dies.

Being named as a nominee does not automatically make that person the owner of the flat.

The nominee may receive the society membership and shares.

However, the deceased person’s legal heirs may still have rights to the property.

Those rights are decided under succession law or a valid Will.

A family settlement or relinquishment deed may also affect who receives the property.

The society should not decide complicated ownership disputes.

Courts have said nomination and inheritance are different things.

People who want a particular heir to receive a flat should consider proper estate planning.

Key facts

Applicable law: Section 30 of the Maharashtra Co-operative Societies Act, 1960, read with Rule 25 of the Maharashtra Co-operative Societies Rules, 1961.
Nominee’s role: The nominee is the person with whom the society generally deals after the member’s death.
Ownership effect: Nomination alone does not confer absolute ownership, title, or interest in the flat.
Legal-heir rights: A nominee’s membership does not automatically extinguish the rights of other legal heirs.
Court position: The Supreme Court and Bombay High Court have distinguished nomination from succession.
Possible succession instruments: Rights may depend on succession law, a valid Will, family settlement, relinquishment deed, or succession proceedings.

freepressjournal.in · 1 hr ago