Archive · 29 Dec 2025
Mumbai Society Queries on Legal and Financial Matters
In Mumbai, there are two main questions about housing societies.
First, if a member of a society dies without a will and has nominees, those nominees need special certificates to become owners.
If one nominee also dies, their family can claim a share.
Second, societies can use their sinking fund for big repairs if the general body agrees and the repairs are certified as necessary.
The society must keep collecting money for the fund even after using it.
These rules come from the Maharashtra Co-operative Societies Act and were explained by a legal expert.
Nominees must obtain a succession or heirship certificate to establish ownership rights in a housing society.
The sinking fund can be used for major structural repairs as per the MCS Act, with approval from a general body meeting.
Repairs must be certified as 'heavy' or 'major' by an architect or structural auditor.
The society must continue collecting contributions to maintain the mandatory minimum balance in the sinking fund.
The 2019 amendment to the MCS Act requires nominees to be provisional members until they submit a succession or heirship certificate.
- Who
- Residents of Mumbai housing societies and legal expert Sharmila Ranade.
- What
- Queries regarding legal status of nominees and usage of sinking fund for repairs.
- When
- The queries were addressed in the context of the 2019 amendment to the MCS Act.
- Where
- Mumbai, India.
- Why
- To clarify legal and financial procedures for housing societies.
- Legal Status of Nominees
- Nominees must obtain a succession or heirship certificate to establish ownership rights.
- Sinking Fund Usage
- Can be used for major structural repairs as per the MCS Act.
- MCS Act Amendment
- 2019 amendment requires nominees to be provisional members until they submit a succession or heirship certificate.
- Structural Audit
- Repairs must be certified as 'heavy' or 'major' by an architect or structural auditor.
- General Body Meeting
- A resolution must be passed in a general body meeting to approve the use of the sinking fund.
- Sinking Fund Contributions
- Society must continue collecting contributions to maintain the mandatory minimum balance.
- Legal Expert
- Sharmila Ranade, associated with Mumbai Grahak Panchayat, provided the answers.