By Legal Bureau
Nomination means an act of nominating. To nominate means to appoint a person who will look after the property of the person after his death. E.g: LIC/GIC,BANK etc.
A) WHAT IS PROCEDURE FOR NOMINATION?
A member can file nomination in –
• Form no. 15A In case of a single Nominee.
• Form no. 15B more nominee-Were percentage of each nominee is required to be mentioned.
The Form is to be filed and signed by the party in presence of two witnesses. And 3 copies are to be filed, One as Acknowledge receipt, Second to be received by the party after necessary entry is recorded in the society’s record and the original to be kept in society office.(entered within 7 days from meeting of managing committee).
B) WHAT IS THE FEES FOR RECORDING THE NOMINATION?
There is no charge for recording the nomination for the first time. However if the earlier nomination is revoked and new nomination is given to the society for each subsequent nomination Rs.5/- will be charged by the society.
C) WHEN SOCIETY TRANSFER PROPERTY IN NAME OF NOMINEE?
After death of person society can transfer property in name of nominee. Nominee will write to society along with copy of death-certificate and various forms (application, undertaking 500 sq. ft.), used for residence.
(i) Single nominee
(ii) More than one nominee (nominees will decide who will represent society).
Now after new model Bye-law, also allow Joint Ownership in society which was not permitted earlier. Earlier 1st person was treated as member and other were as associate members.
D) If the nomination firm is not filed then
for transfer purposes society may insist for probate /succession certificate which involve lot of time & expenses.
i) once application is made society can invite objection in one month (notice board of society public notice in two newspapers ).expenses to be born by legal heirs.
ii) Indemnity bond for future claim if any.
iii) more than one legal heir then who will be 1
E) If nominee is not able to find share certificate then can apply to society for duplicate
Nominee takes these steps
a) first file application to society,
b) second give advertise in two newspapers,
c) Indemnity Bond then duplicate certificate can be issued and original will be treated as cancelled like railway ticket –if duplicate is issued –original is of no use.
WHAT IS THE DIFFERENCE BETWEEN WILL & NOMINATION?
A nomination is not a will.
When there is a nomination already filed with the Society, the normal impression is that the Nominee on the death of the Member, automatically becomes a member by filing an application .However, The Supreme Court of India has ruled in 1984 that “a Nominee is a mere Trustee with whom society can initially deal with after the death of a member. All the legal heirs of the deceased Member have a right of succession to the property of the deceased member and a Nominee cannot exclude the other legal heirs”.
Thus the nominee merely acts as the trustee. In some instances, the nominee and the beneficiary of the will is the same person. At all times, the provisions of the will prevail over the nomination. It is advisable to have the same person as the nominee and the beneficiary of the will, so as to prevent future disputes. A nomination, in order to be effective, need not be executed as a will but must be in accordance with the formalities required by the particular provision applicable.
WHETHER WILL ALSO TO BE EXECUTED WHEN NOMINATION IS GIVEN TO THE Society
Any transfer of interest of the deceased member in the Co-operative housing Society is governed by the section 30 of Maharashtra Co-operative Societies Act, 1960. Section 30(1)” On the death of a member of a society, the society shall transfer the share or interest of the deceased member to a person or persons nominated in accordance with the rules or, If no has been nominated, to such person as may appear to the committee to be the heir or legal representative of the deceased member.
Provided that, such nominee, heir o legal representative, as the case may be, is duly admitted as a member of the society:
Provide further that nothing in this sub –section or in section 22, shall prevent a minor or person of unsound mind from acquiring by inheritance or otherwise, any share or interest of a deceased member in a society”
From interpretation of the above section we understand the following thing.
It is very clear on the plain reading of the section that the intention of the section is to provide for who has to deal with the society on the death of the member and not to create a new rule of secession .The purpose of the society has to deal and create interest in the nominee to the exclusion of those who n law will be entitled to the estate.
The purpose is to avoid confusion in case there are dispute between the heir and legal representative and to obviate the necessary of obtaining legal representation and to avoid uncertainties as to with whom the society should deal to get proper discharge.
Society has no power, except provisionally and for a limited purpose to determine the disputes about who is the heir, or legal representatives. It, therefore, follows that the provisions for transferring a share and interest to a nominee or to the heir or legal representative as will be decided by the society is only meant to provide for interregnum between the death and the full administration of the estate and not for the purpose of conferring any permanent right of such person to a property forming part of the estate of the deceased. The idea of having this section is to provide for a proper discharge to the society without involving the society into unnecessary litigation which may take place as a result of dispute between the heirs.
Even when a person is nominated or even when a person is recognized as a heir or a legal representative of the deceased member, the rights of the persons who are entitled to the estate or the interest of the deceased member by virtue of law governing succession are not lost and the nominee or the heir or legal representative recognized by the society, as the case may be, holds the share and interest of the deceased for the disposal of the same in accordance with the law. It is only as between the society and the nominee or heir or legal representative that the relationship of the society and its member is created and this relationship continues and subsist only till the estate is administered either by the person entitled to administer the same or by the court or the rights of the heirs or persons entitled to the estate are decided in a court of law.
Thereafter the society will be bound to follow such decision.(Gopal Vishnu Ghatnekar Vs. Madhukar Vishnu gatnekar).
The provisions of section 30 for transferring a share and interest into a nominee.
The heir or legal representative as will be decided by the society, is meant to provide for interregnum between the death and the full administration of the estate, and no for the purpose of conferring any permanent right on such a person to a property discharge to the society without involving the society into unnecessary litigation which may take place as a result of dispute between the heirs, or uncertainty as to who are the legal heirs or representatives. Even when a person is nominated, or a person is recognized as a heir or a legal representative of deceased member right of the person who are entitled to the estate of the interest of the deceased member by virtue of law governing succession are not lost, and the nominee or the heir or the legal representative recognized by the society, as the case may be, holds the share and interest of deceased for disposal of the same in accordance with law. (Gopal Vishnu Ghatnekar Vs. Madhukar Vishnu gatnekar).
My father expired in april 2014.We are 3 nominees of his flat. My mother (50%), Me(25%) and my sister married (25%).There are no dispute among us. Can the society transfer the flat to all three of us? If yes what are the procedure? Pl. advice.
my brother expired n hd made me a first nominee n 2 minor nominee bt 1 minor is major now so what can be done to transfer n later can sale once it is been transfer on firsy name
Complete the formalities from Society, put both names in share certificate and then sell.
My father n his brother are owners of 1 flat.my fathers brother is first owner , but both have 50 percent rights. NOW my fathers brother has 2 kids and I am one.They asked my father to sign nomination formto divide among three instead of teo and we submitted that nomination.Now my father has to cancel yhat nominayion bit his brother does not agree for it.What should be done in this case to get our 50 percent right?
Nomination is individual prerogative. Simply write to society in registered AD and take acknowledgement of the society on the cancellation request. Nomination is not judicial or compulsory paper.
In one flat there are 2 names of owners. Are both the names to be mentioned on Share Certificate of the Hsg Society? Does both members have to submit nomination forms & how their nominations are to be recored in nominaton register?
My father has made their 2 grandsons(they are my nephews) as nominee of his flat. He is no more now, do I have any legal right on the flat??
Both of my parents have expired leaving behind me and my younger sister
My father owned a flat and made me single nominee. Do I need to submit indemnity bond appendix18 to the society along with membership application.
Nominees are just trustees not sole legal heir.
My mother is expired and she left a will with four benifituresin the will and in the society record there are seven members,but the will is latest and the nomination with society is old, so can the four family members whose name is in the will get the ownership of the flat
Will will supersede the nomination.
If the will is not registered and no nomination was done before the death of my grandfather. Can all his heirs get nominated to the said society where the property is.
Joint owners of flat can make nomination? What will be the position after death of one of the holder. Wiil nomination be effective after death of both owners.
Even one death will start the nomination process into membership.
My father has self acquired property and made my mother 100% nominee. He also had availed order from court an injection restraining one of my brother from entering the premises and later made an unregistered will bequeathing the premises to my mother. Further on basis of my (youngest son) NOC & my eldest brother NOC, keeping in view the will and a letter from my mother to the society that the middle son was not contactable and on basis of application, transfered the premises to my mother. Now after 2 years after my father’s demise, the middle brother wrote to society objecting the transfer saying that the will was not probated. Please advice what the society should do and what my mother should do ?
My father died on 4-5-2015 and have shares in cooperative bank. He kept his brother as nominee. His brother has died on 15-12-2015. Please advice to get that shares to legal hairs.
In our society 3 separate flats were owned by a lady under one share certificate. After her death her 3 sons who were nominees and a probate will divided the 3 flats in her 3 sons name. Now the 3 sons have applied for 2 new share certificates and for other 2 flats as they want to sell the 2 flats. Can the society issue new share certificates with additional shares, if not what is the solution.
Sir,
My mother is 80 yrs old with 4 children and can not walk and sign nomination form due to her illness. In this case, what is the procedure as per By-Laws to submit nomination form in the name of 4 children to Society.
My father has nominated me 100%, failing which my mother 100% (now expired), failing which my sister 100%. My sister owns a flat in same society. I will be asking the society to transfer the flat in my name. After society has transferred flat in my name by endorsing the share certificate. Can I make a fresh nomination in my son’s name. Will my father’s nomination remain or stand cancelled. Will my son get the flat on my death as I have made him nominee.
After your ownership, you can nominate anyone.
Dear Sir,
My father has nominated my mother in the society. He has purchased the flat. He is no more. Now the flat is in my mothers name. She has nominated me for the flat. Moreover my father has made a will(unregistered),duly signed by two witness and doctors certificate, where he has mentioned that all his movable & immovable properties will be to his son after his death. Can my married sisters claim any stake in this property after my mothers death? Will the will made by my father and the nomination submitted in my name to the society will hold good. What other precautions to be taken?
Rgds,
Ram
Dear Sir/Madam,
I own a flat in housing society and some of the reasons society has not issued share certificate and now they will issue after some procedures, in between can I fill nomination form and submit to society? would it be valid?
Thanks
regards
SantoshDeep.
Sir.
I have flat on my single name in subarb of Mumbai. I am single. I have submitted nomination form to society. Also submitted covering letter on their demand.
They returned my covering letter with note that they will provide me acknowledge copy only after my housing loan is paid.
Is there such rules? PL advice Wt should I do.
Sir, on the nomination form for the 2 witnesses who can sign. Whether out side family persons should sign or family members can sign