Chinnmay
NOMINATION IN CO-OPERATIVE HOUSING SOCIETY Succession, Probate or Legal Heirship Certificate a must
Chinnmay Shah 12 Aug 2020

NOMINATION IN CO-OPERATIVE HOUSING SOCIETY Succession, Probate or Legal Heirship Certificate a must

NOMINATION IN CO-OPERATIVE HOUSING SOCIETY
Succession, Probate or Legal Heirship Certificate a must.


Amendment to The Maharashtra Co-operative Societies Act, 1960
Law relating to nomination, testamentary succession and transfer of shares in Co-operative Housing Society.
It has been experienced and seen that law relating to nomination and succession in Housing Societies has been interpreted vide plethora of judicial decisions. One of such recent judgments on section 30 MCS ACT was by the Bombay High Court in Shakti Yezdani and Ors. v. Jayanand Jayant Salgaonkar and Ors. 2017(1)BomCR319 where under paragraph No. 20 it was clarified that:
“Notwithstanding the provision of Section 80 of the West Bengal Act of 1983 which mandates that on the death of a member of a Cooperative Society, his share or interest shall be transferred to nominee, the Apex Court (in Indrani Wahi case) did not hold that nomination supersedes the succession or inheritance in accordance with law.”
Amendment : The Maharashtra Co-operative Societies Act, 2019
But recently the controversy revolving around law of nomination under co-operative housing societies has finally been settled by the state legislature under the Maharashtra Co-operative Societies (Amendment) Act, 2019 effective from 9th March 2019.
The Maharashtra Co-operative Societies Act, 1960 has been amended to include a new Chapter XIII-B which deals with provisions exclusively applicable to housing societies.
As per the newly introduced Section 154B-13 of the Maharashtra Co-operative Societies Act, 1960 (which overrides section 30 mentioned above), a society can transfer the interest of the deceased member in the flat only when testamentary documents or succession certificate or heirship certificate or document of family arrangement has being produced by the legal heirs of the deceased member or person/s entitled to the flat.
The first proviso under this section further clarifies and clear the clouds of doubts that a nominee shall only be admitted as a provisional member in place of the deceased member till the time legal heirs or person/s entitled to the flat are admitted as member/s.
The concept of “provisional member” has been newly incorporated and the term has been defined under section 154B-1(18) as a person who is duly admitted as a member of a society temporarily after the death of a member on the basis of nomination till the admission of legal heir/s as the member of the society in place of a deceased member.
Conclusion :
In light of the recent Maharashtra Co-operative Societies (Amendment) Act, 2019 the long-standing controversy of nomination vs. succession has been put to rest once and for all.

Did you find this write up useful? YES 41 NO 13
Jeffrey R Joseph   30 Sep 2023 5:04am
dear sir as per your article is a registered will considered to be a testamentary documents which can be submitted along with the necessary approved transfer read more
Reply
Deepak Shastri   10 Mar 2024 2:01pm
If the deceased (original owner) of the property has not left any declaration/will In that case nominee can be admitted as a new owner OR it can be challenged read more
Reply
Hariharan Gopalakrishnan   28 Apr 2023 9:53am
Brief and good article but has left lots of rooms for clearing doubts, of course understandable, not possible to capsule everything, the subject being read more
Reply
Shashikant Lohade   10 Apr 2023 9:46am
Questions raised by Mr. Jairaj Bala are very relevant. How a society can assume authority to decide/adjucate issue of legal succession which is within read more
Reply
  12 Apr 2023 5:43pm
Hello Mr Lohade. if you have any issue pertaining to your query, please get in touch with us.
Reply
Jairaj Bala   11 Mar 2023 11:30am
Very informative. However I have the following queries: 1. What are the rights and privileges of Provisional members? 2. Can a provisional member contest read more
Reply
Francis   11 Sep 2023 8:46am
Dear Bala, PROVISIONAL members has all the rights mentioned above. Regarding the time limit as long as the legal heirs are there and made the application read more
Reply
  12 Apr 2023 5:44pm
Hello Mr Bala. if you have any issue pertaining to your queries, please get in touch with us.
Reply
Radhakrishnan Parakkat   9 Jan 2023 9:09pm
A very informative article for any member of co-op society. Thanks
Reply
  12 Apr 2023 5:46pm
Hello Mr Parakkat. Please feel free to get in touch with us pertaining to any query relating to Co-op societies.
Reply
Sandra Rivers   15 Dec 2022 2:42am
HIRE A CERTIFIED AND GUARANTEED CRYPTO RECOVERY AND PHONE SPYING EXPERT AT REMOTESPYTECH Finding out that your husband or wife has been unfaithful isn’t read more
Reply
JIGNESH SHAH   6 Dec 2022 8:50am
How provisional member can become regular member ? Which forms & documents are required? Do we need to advertise? Release deed is enough? Please share read more
Reply
Kiran c   27 Nov 2022 9:32pm
Clear article. Only one question can a provisional member make a nomination
Reply
Kiran Changraney   3 Mar 2023 4:00pm
Also till what time can a nominee remain as a provisional member if the society does not transfer the flat as owner
Reply
Rajeshwar Singh Thakur   20 Nov 2022 9:14pm
Issues related to nominee's right have been cleared.
Reply
Ash Ramachandran   7 Nov 2022 5:24pm
The write up doesn't touch upon the subject of a Provisional member being eligible for being in the managing committee or not.
Reply
Ulhas Hejib   3 Nov 2022 2:52pm
Nice info . Thx a lot
Reply
Virakthi Hegde   23 Aug 2022 5:17pm
Yes
Reply
V R Sadhale   20 Jul 2022 5:56pm
Useful write up. Thank you so much
Reply
Trevor Rebello   3 Jul 2022 11:24pm
Pl elaborate what is the long-standing controversy of nomination vs. succession
Reply
Vidya Sakhalkar   3 Jul 2022 10:05pm
Is this provision retrospective from any date or prospective. If property is already transferred in 2021,can society put provision Al in front of owner read more
Reply
Sydney Fernandes   19 Feb 2022 11:48pm
Husband and wife original joint members jointly nominated their only child as nominee. Father died interstate. Now the only child wants to add his name read more
Reply
Kavita Mahesh Kapoor   1 Feb 2022 2:36pm
I require more guidance on this. Please reply to me on my email
Reply
V. V. VIJAYAN.   23 Jan 2022 6:52pm
Very useful information.
Reply
D k ghosh   11 Aug 2021 8:58pm
Article is very useful for managing committee of cooperative Housing Society
Reply
subramanian   25 Jul 2021 11:44am
very useful for all members of the society . Crystal clear direction without any ambiguity.
Reply
Sivasankaran   26 Jun 2021 10:04pm
I have prepared a will. I have written that my Mumbai flat should be given to my wife. So, after my death, can the society transfer the flat in my wife's read more
Reply
KARAN   17 Jun 2022 11:56am
yes
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Amit   30 May 2021 3:37pm
After deceased of flat owner, there are 2 nominee i.e son & daughter so whether society can transfer shares in their name or still any legal documentation read more
Reply
Mario Aranha   21 May 2021 12:50am
Very useful article and explanation.
Reply
Priti Gupta   27 Nov 2020 11:53pm
I would like to know that if 100% nominee and only legal hier then also probate required?
Reply
Priti Gupta   27 Nov 2020 11:53pm
I would like to know that if 100% nominee and only legal hier then also probate required?
Reply
  11 May 2021 8:16am
A nominee is just a caretaker of the share being allocated to him, he cannot claim ownership on it is very much advisable for the concerned person to read more
Reply
pradeep Satankar   26 Aug 2020 1:51pm
yes, its really very much useful. i being the chairman of housing society in Pune, was under the impression that, the managing committee of a housing read more
Reply
  11 May 2021 8:10am
Thank you so much for liking this article. The Golden word is a Nominee is just a caretaker of the share under which he is nominated and he cannot claim read more
Reply
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