How To Transfer A Flat in Housing Society or CHS

How to transfer a flat in housing society or CHS?
Shirish S Shanbhag
21 May 2014 15
Here are the guidelines to follow while transferring a flat in a

cooperative housing society- CHS to a legal heir or nominee
From the days of ek bangla bane nyara, a large part of our society,
especially in cities, has come to comfortably adopt a lifestyle based on
nuclear families with a rise in the demand and ownership of flats and such
property. However, more often than not, due to the sheer complicity and
technicalities of our legal system, we find ourselves trampled by a load of
complicated questions and even cheating and deception. One such area of
concern is 'transmission of flats'. Here, we have the procedure for the
same simplified for you.
Earlier, flats were generally purchased by an individual, usually the male
member of the family, who used to be the earning member. However, with
the rise in the prices of property, the trends have undergone a change now.
These days we find that flats are usually purchased in the joint name of
husband and wife. In such a case, if percentage of share in purchasing the
flat is not stated, it is assumed that both of them have equal shares in the
ownership of the flat.
In the above scenario, a share certificate is issued in the joint name of the
husband and wife, as a joint ownership. As per existing Bye-laws, the person
whose name does not stand first in the share certificate becomes an
'Associate Member'. In case of death of the person named first in the share
certificate, the Associate Member retains the right on his/her flat since
his/her name exists in the Sale Deed of the flat as a joint buyer.
When flats are bought jointly, the joint owner can make a will bequeathing
his/her part of the flat to the other joint owner. Thus, in case of death of
anyone of them, the one surviving joint owner will get an absolute right on
the jointly owned flat (provided, the due process of the law is followed).
Transmission of flats happens in the following two ways:
1. When the flat owner has made a nomination before death.
2. When the flat owner has not made any nomination before death.
Nominee:
The word nominee means a person who holds or acquire right, property or
any other kind of liability incurred on behalf of others. Nominee means a
trustee. A nominee holds a property on behalf of other legal heirs.
Thus, the simple meaning derived from above proposition is that a nominee
cannot be a real owner but, in fact a trustee who has legal control of
property that is kept or invested for another person, company or
organization.
Procedure for nomination:
The procedure for nomination by a member of co-operative society is
provided in bye laws of the cooperative Housing society, bye law no. 32,
which runs as under:
A member of the society may by writing under his hand in the prescribed
form, nominate a person or persons to who the whole or part of the shares
and /or interest of the members in the capital/property of the society shall be
transferred in the event of his/her death.
Further no fees shall be charged for recording the first nomination.
1. A members may revoke or vary his nomination, at any time, by making

an application, in writing under his hand to the to the secretary of the
society.
2. Every nomination made, shall be recorded in register of nomination
within 7 clear days from the date on which resolution to accept the
nomination was recorded in minutes of managing committee.
3. Every fresh nomination shall be changed a fee of Rs100
Transfer of shares/of interest on event of death of member to a
nominee:
It is clearly provided in section 30 of the Maharashtra co-operative societies
act, 1960 (Act no. XXIV of 1961 Mah) that, on the death of a member of
society, the society shall transfer the share or interest of the deceased
member to person or persons nominated in accordance with the rules and
byelaws.
Analysis of section 30
A nominee comes into picture only on death of the member. The society shall
transfer the shares of the deceased member to nominated person.
Whether it is advisable to make a nominee in case of joint
ownership of flats?
The object behind nomination is to avoid confusion in case there are disputes
between the heirs and legal representatives and to obviate the necessity of
obtaining legal representation and to avoid uncertainties as to with whom
the society should deal to get proper discharge. Nomination does not create
a new rule of succession.
Therefore, it is highly advisable to make a nomination in case of joint
ownership of a flat. In case of a simultaneous death of both the joint owners,
the flat is rendered intestate. The due process of law has to be followed to
transmit such a flat in the name of the legatee. An appointed nominee and a
will (of a joint owner bequeathing his/her ownership in the name of the other
joint owner) can go a long way in avoiding unnecessary confusion and
ambiguities. In a case where both nomination and Will is prepared, the Will
will prevail over the nomination paper.
Procedure to follow for transmission when nomination is made by
the flat owner
(1) The form of application for membership in Appendix-15, by the nominee/
nominees [ under Bye-law No. 34] with Rs100 entrance fee.
(2) If nominee has no independent income source, an undertaking on Rs100
Non-Judicial Stamp Paper, in Appendix-5 will be furnished by a person who is
a close relative and an earning member and who is ready to discharge the
liabilities of the prospective nominee-member to the Society. [ under Bye-law
No.19(A) (v)]
(3) If there are more than one nominee, an indemnity on Rs200 Non-Judicial
Stamp Paper is to be submitted by the prospective nominee-member, in
Appendix-18. [ under Bye-law No.34 ]
(Note: This indemnity is to be given, only if one of the nominees become
member of the society. If first named nominee becomes a member of the
Society and all other nominees become joint associate members, this
indemnity need not be given.)
(4) Undertaking on Rs100 Non-Judicial Stamp Paper to be submitted by the
prospective nominee-member, in Appendix-4. [ under Bye-law No.17(b) and
19(A)(iv) ]
(5) Copy of the Nomination Form in Appendix-14, of the deceased member.
[ under Bye-law no.34 ]
(6) Attested Xerox copy of the Death Certificate of the deceased member.
[ under Bye-law no.34 ]
(7) Xerox copy of the Share Certificate of the deceased member, with
undertaking on the Xerox copy, that original share certificate will be
produced by the member, as and when asked by the Secretary for making
the name change by the Society.
(8) If nominee-member wants to make one of his relatives an associate
member, simultaneously with him, he needs to apply by filling the form in
Appendix-8, with Rs100 entrance fee for the Associate Member. [ under Byelaw No. 19(B) ]
(9) If the nominee already possesses another flat in the same society, then to
hold an additional flat, an application in Appendix-28, has to be made by the
nominee-member. [ under Bye-law No. 62 ]
(10) Nomination to be made by the nominee-member, in Appendix-14, in
triplicate. [ under Bye-law No.32 ]
(NOTE: This is also applicable, to the case, when no nomination is made, as
given below...
(1) All forms and papers as stated above are to be submitted in a file to the
Society's office.
(2) All dues of the Society and the deceased member in arrears and also
future dues for the following six months have to be paid by the nominator
member at the time of submitting the membership application.
(3) All stamp papers are to be purchased in user's name.
(4) Entrance fees, as in Sr. No.(1) and (8) have to be paid along with dues, at
the time of submitting of the forms to the society.
(5) If the Society does not inform you of any objection within 90 days of
submitting of your application for your membership, then under Section
22(2) of Maharashtra Co-operative Societies Act, 1960, you become a
deemed member of the Society. To confirm your deemed membership, you
have to make an appeal to your Deputy Registrar, to take a hearing and pass
an order under section 22(2), to confirm your membership by the society.)
Procedure to follow for transmission when no nomination is made by

the flat owner or when no nominee is ready to accept the
membership of the society
In such a case, if there is a dispute among the relatives of the deceased, the
Society will demand Succession Certificate from the the relatives of the
deceased. Negligible Court Fee has to be paid for the same, in the light of
judgement delivered by the Bombay High Court, in case of Testamentary
Petition No595 of 2005, Yallappagauda Shankar Rao v/s Smt. Yallappagauda
Manjunatha Rao.
When there is no dispute, following papers are to be submitted:
(1) Application for membership by an heir of the deceased member, in
Appendix-17, with Rs100 entrance fee. [under Bye-law No.35]
(2) If the heir does not have an independent source of income, an
undertaking by an earning member and relative of the heir, who is ready to
pay all Society's due of the heir has to be made on Rs100 Non-judicial Stamp
Paper.
(2) The heir has to give an indemnity on Rs200 Non-Judicial Stamp Paper, in
Appendix-19. [ under Bye-law no.35 ]
(3) The heir has to give an undertaking on Rs100 Non-Judicial Stamp Paper,
in Appendix-4. [under the bye-law no. 17(b) and 19(A)(iv) ]
(4) CHS will display the notice in Appendix-16 in its notice board, send a copy
to every member of the Society and will publish it in two local news papers
having wide publicity, one in local language and one in English. Any claim
from the public has to come within a period of 15 days from the date of
publication of the notice. [ under Bye-law no.35 ]
(5) Follow points (6) to (10) as mentioned above in the case where
nomination is made.
(Note: The heir has to take a Xerox copy of the notice published in all the
news papers as proof of publication in the newspapers and among the
members of the said CHS. These are to be submitted to the Society, as a
proof of publication in the papers.)
He will then submit his papers to CHS, only after the period stated in the
newspaper has expired.
What is CHS and Transmission?

Cooperative Housing Society (CHS):
According to Section 2(16) of The Maharashtra Cooperative Societies Act Cooperative Housing Society means a society the object of which is to provide its
members with open plots for housing, dwelling houses or flats; or if open plots, the
dwelling houses or flats as already acquired to provide its members common
amenities and services.
Transmission:
The right which heirs or legatees may have of passing to their successors the
inheritance or legacy to which they were entitled, if the owner happen to die without
having exercised their rights.
Transmission of flats:
Transmission in case of flats is possible only for the flats owned by individuals. If flat
is held by a body corporate, transmission is impossible, since body corporate has no
death.
Body Corporate:
A body corporate means any entity that has its separate legal existence apart from
the persons forming it. It enjoys a completely different legal status apart from its
members. So, a body corporate shall include: a company, a foreign company, a
corporation, a statutory company, a statutory body, an LLP, etc. and such bodies that
have separate legal existence.
Even after the death of all the partners or directors of a company/firm, the
company/firm does not die.
NOMINATION AND SHARES TRANSFER TO

NOMINEE AFTER THE DEATH OF
MEMBER
A member can give his/her nomination to Secretary of the society under ByeLaws No. 32 and 33.A member can nominate one or more persons to whom the
flat/shop/garage and the members share in the capital/property of the society must
be transferred after the members death. The acknowledgement of the nomination
by the Secretary shall be deemed to be the acceptance of the nomination by
society.
A nomination is made by executing nomination form .A specimen of

nomination form is given in Bye-Laws Appendix-14.
For first nomination made by members society can not take any charge from
member.A member may revoke or vary his/her nomination, at any time by making
fresh nomination. Every fresh nomination shall be charged a fee of Rs. 100/
The acknowledgement of the Variation / Fresh in nomination / subsequent
nomination by the Secretary shall be deemed to be the cancellation of the earlier
nomination.
On receipt of the nomination form, or the letter of revocation of the earlier

nomination Secretary should give the acknowledgement for the same. The society
can not refuse the nomination maid by members
On receipt of the nomination form, or the letter of revocation of the earlier

nomination,the same shall be placed before the meeting of the MC held next after
the receipt of the nomination form, or the letter of revocation of the earlier
nomination, by the Secretary of the society for the recording the same in the
minutes of the MC. Every such nomination or revocation thereof shall be entered in
the nomination register by the Secretary of the society within 7 days of the meeting
of the MC,in which it was recorded
Nominee/Nominess is only Trustee of that Property not legal owner of that

property after the death of member .If property is transfer to Nominee/Nominess it
does not mean that he is legal owner of that property. Legal Heirs can go to Hon.
Court and estiblish their right as per different Laws. On received such order from
the Court society is bound to transfer the property to that Legal Heirs. Membership
given by Nomination to Nominee/Nominess is the way on which society can
contact / talk the persons after the death of member regarding his/her property in
society. Nominee/Nominess is only Trustee of that Property.
In the event of the death of the member, Secretary should send letter to
Nominee/Nominees with in 15 days after the death of member asking him/her to
change the name in property of society As per nomination / Court order or as
perWill.
In the event of the death of the member, Nominee/Nominees shall submit the
application for membership,with in six month from death of the member.An
application include 1.A specimen form of application to be submitted by the Nomiee
is given in Appendix-15 in Bye-Laws 2. Form of Indemnity Bond is given in
Appendix-19 in Bye-Laws 3.The form of undertaking to use the flat for the purpose
for which it is alloted is given in Appendix-4 in Bye-Laws. 4.True copy of Death
Certificate. 5.Nomination form 6. Membership Fee
If Nominee/Nominees does not submit the application for membership,with

in six month from death of the member Secretary should invite claim or objection by
giving notice in 2 large publication NEWS Paper. The cost of this notice should
collect from Nominee/Nominees and then transfer the shre of the death member to
Nominee/Nominees if no claim or objection come.
Subject to the provision of the Section 30 of MCSAct,1960 Bye-Laws no. 34,

17A ,19 ,on the Death of the member, the society shall transfer the share and
interest of the deceased member in the capital /property of the society
to Nominee/Nominees and in proportion with the shares and interest held by the
deceased member,in case property is purchased by member and associate member
jointly
Nominee can not create interest in favour of the third parties without
establishing the rights of the Legal heirs
If there are more than one Nominee,on the death of a member,such nominee
shall make Joint Application to the society and indicate the name of the Nominee
who should be enrolled as member.The other nominess shall be enrolled as
Joint/Associate Member unless the nominees indicate otherwise
The Nominees shall also file an Indemnity Bound in the prescribed form
indemnifying the society against any claim made to the shares and interest of the
deceased member in the property of the society by any of them in case only one
nominee is indicated by the Nominees for membership of the society
To protect the interest of the widows of the members by restricting the right
of the nominee to deal with the property.
Does a society have to transfer a flat to the nominee? What if there is more than one
nominee? If there is more than one nominee, will this be a deterrent for the subsequent flat
sale if some of the nominees do not want to allow it?
Kamini Sheth
We have assumed that the queries are being raised in respect of a residential flat which is situated
in Maharashtra in a society registered under the provisions of the Maharashtra Co-operative
Societies Act, 1960, (MCSA) and that at present, you are the owner of the flat and the
corresponding shares. As per MCSA, upon your death, the society must transfer your flat and
shares in the society to your nominees. In your case, if there are multiple nominees, then the
society would be bound to transfer the flat to all of them in accordance with its bye-laws. But, do
note that by virtue of the nomination or the transfer of the flat/shares to the nominee, the
nominee herself does not become the owner. The purpose of the nomination is to make certain
the person with whom the society has to deal with, and not to create interest in the nominee to
the exclusion of the beneficiaries or legal heirs of the deceased. Even though you may intend that
your flat be transferred to A by drawing up a Will, the nominees (let us say, B and C), will not
acquire any interest in the flat per se and they will hold the flat in trust for the legal beneficiary
of the same (i.e., A, whom you would have named as a beneficiary in your Will for this purpose).
So long as B and C hold the flat as nominees, they wont be legally entitled to sell/transfer it to
any third party, and neither will anyone be able to compel them to sell it.
Eventually, the nominees will have to transfer the flat to A as beneficiary under your Will. After
this the flat will belong to A. Once the flat belongs to A, she will be legally entitled to transfer it
to a third party. At that point of time, B and C will have no say in the sale and will not be able to
block such a sale.
You may consider creating a private trust under your Will where A, B and C would be the
trustees and they would hold the flat in trust for A as the sole beneficiary. A would then be legally
entitled to enjoy the use of the flat, and the flat will be held in the name of the three trustees and
will be protected from forcible sale. You may provide in your Will that the trust will be dissolved
after a particular number of years after your death (trust life), after which the flat will vest with
the sole beneficiary, i.e. A. You would have to provide for the eventuality of either of A, B or C
either passing away before you or before expiry of the trust life.
Even upon having settled the trust, A, as the sole beneficiary, may by consent (assuming A is
competent to contract) modify the directions given by you to the trustees under your Will, and
sell the flat prior to the trust life.
Nomination in CHS
Q.: What is Nomination?
A member fills in a Nomination Form and submits to the Society so that upon his death the
nominee shall become a member of the Society in respect of his shares and flat. Bye Law
No.32 A member of the society may, by writing under his hand, in the prescribed
form APPENDIX-14, nominate a person or persons to whom the whole or part of the shares
and/or interest of the member in the capital/property of the society shall be transferred in the
event of his death.
Q.: What is the procedure for Nomination?
Nomination form APPENDIX-14 in triplicate is to be submitted to the society. Third copy is
acknowledged by the Secretary & returned to the member immediately. Second copy is returned
to the member on recording the nomination in the next Managing Committee Meeting. The
Original copy remains in the records of the society. Details of each nomination form, is entered
date wise in the Nomination Register.
Q.: What are the check points in Nomination form?
Fill the Nomination form completely in triplicate, in neat & clear handwriting. Check that all
names are written correctly. In case of minor, his date of birth & details of guardian are to be
furnished. Sign the Nomination Forms at Signature of the Nominator Member. Write share of
each nominee in percentage. Total shares of all nominees must be 100% (not <100% nor
>100%). Signature of two witnesses should be taken on the Nomination forms, along with their
names & addresses.. Witnesses can be anyone, who can confirm the signature of the member.
However family members as witnesses can be challenged in the court. Nominee himself can not
be a witness.
Q.: Can a Minor be a Nominee?
Yes. A minor can be a nominee. After the death of the member, this minor can become member
of the society through his guardian.
Q.: Whether Nominee should be a family member only?
A nominee can be a family member or relative or friend or any other person.
Q.: Is Nomination compulsory?
No it can not be. But it is in the interest of the member. Every member should fill Nomination
forms so that Society can transfer the shares in the name of Nominee.
Q.: Can I change the Nominee?
Yes, at any time. Refer Bye Law No.32 A member may revoke or vary his nomination, at any
time, by making an application, in writing, under his hand, to the Secretary of the Society.
Q.: If I submit a fresh Nomination form, whether I have to cancel earlier Nomination?
A subsequent Nomination automatically cancels the earlier Nomination. Bye Law No.32 The
acknowledgement of the variation in nomination/subsequent nomination by the Secretary, shall
be-deemed to be the cancellation of earlier nomination.
Q.: What is the effective date of Nomination?
The Nomination is effective from the date it is acknowledged by the secretary of the society. Bye
Law No.32 The acknowledgement of the nomination by the Secretary, shall be deemed to be
the acceptance of nomination by the Secretary.
Q.: Do I have to pay any charges/fees to file the Nomination?
First Nomination is free of cost. For subsequent each Nomination Rs.100 has to be paid. Bye
Law No.32No fees shall be charged for recording the first nomination. Every fresh nomination
shall be charged a fee of Rs.100/Q.: What are the relevant Bye Laws?
Bye Law No.32:
A member of the society may, by writing under his hand, in the prescribed form APPENDIX-14,
nominate a person or persons to whom the whole or part of the shares and/or interest of the
member in the capital/property of the society shall be transferred in the event of his death. The
acknowledgement of the nomination by the Secretary, shall be deemed to be the acceptance of
nomination by the Secretary. No fees shall be charged for recording the first nomination. A
member may revoke or vary his nomination, at any time, by making an application, in writing,
under his hand, to the Secretary of the Society. The acknowledgement of the variation in
nomination/subsequent nomination by the Secretary, shall be-deemed to be the cancellation of
earlier nomination. Every fresh nomination shall be charged a fee of Rs.100/- (as per new
amendments in June 2009)
Bye Law No.33:
On receipt of the nomination form, or the letter or revocation of the earlier nomination, the same
shall be placed before the meeting of the Committee held next after the receipt of the
nomination form, or the letter of revocation of the earlier nomination, by the Secretary of the
Society for recording the same in the minutes of the Committee. Every such nomination or
revocation thereof shall be entered in the register of nominations by the Secretary of the society
within 7 days of the meeting of the committee, in which it was recorded.
Q.: What is the procedure in case of death of the member?
Bye Law No.34:
Subject to the provisions of the Section 30 of MCS Act 1960, bye-law No.17A or 19, on the
death of member, the society shall transfer the shares and interest of the deceased member in
the Capital/Property of the society to the Nominee/Nominees and in proportion with the shares
and interest held by the deceased member, in case property is purchased by member and
associate member jointly.
In the event of death of the member Nominee/Nominees shall submit the
Application APPENDIX-15 for membership, within six months from the death of a member.
If there are more than one nominee, on the death of a member, such Nominees shall make Joint
Application APPENDIX-18 to the Society and indicate the name of the Nominee who should be
enrolled as member. The other nominees shall be enrolled as Joint/Associate Members unless
the nominees indicate otherwise.
The nominees shall also file an Indemnity Bond in the prescribed form APPENDIX19 indemnifying the society against any claims made to the shares and interest of the deceased
member in the Capital/Property of the society by any of them, in case only one nominee is
indicated, by the Nominees for membership of the society.
Q.: What is the procedure if the member has not filed Nomination?
Bye Law No.35:
Where a member of the society dies without making a nomination, or no nominee comes
forward for transfer, the society shall invite within one month from the information of his death,
claims or objections to the proposed transfer of shares and interest of the deceased member in
the capital/property of the society, by a public notice, in the prescribed form APPENDIX-16,
exhibited on the notice board of the society. It shall also publish such notice in atleast two local
newspapers, having wide circulation. The entire expenses of publication of the notice shall be
recoverable from the value of shares and Interest of the deceased member in the
capital/property of the society. After taking into consideration the claimed or objections received,
in response to the said notice, and after making such inquiries as the committee considers
proper in the circumstances prevailing, the committee shall decide as to the person, who in its
opinion is the heir or legal representative of the deceased member. Such a person will be
eligible to be a member of the society subject to the provisions of the bye-laws Nos. 17(a) or 19,
provided that he gives an Indemnity Bond APPENDIX-19 along with his application for
membership in the prescribed formAPPENDIX-17, indemnifying the society against any claims
made to the shares and interest of the deceased members in the capital property of the society,
at any time in future, by any person.
If there are more claimants than one, they shall be asked to make the affidavit APPENDIX18 as to who should become a member of the society and such person, named in the affidavit
shall furnish the indemnity bond as indicated above along with application for membership,
referred to above. If however, the committee is not able to decide as to the person who is the
heir/legal representative of the deceased member or the claimants do not come to the
agreement, as to who should become the member of the society, the Committee shall call upon
them to produce succession certificate from the Competent Court. If, however, there is no
claimant, the shares and interest of the deceased member in the capital/property of the Society
shall vest in the Society.
Q.: Can Society ask for Succession Certificate?
Yes, Society can ask for Succession Certificate.
Q.: What happens if the Nominee / Nominees demand Value of the shares?
Bye Law No.36:
If there is the single nominee and if he demands payment of the value of ~hares and interest of
the deceased member, in the capital/property of the society, the society shall acquire the same
and pay him the value thereof as provided under the bye-law No.66, if, however, there are more
nominees then one and if they demand payment of the value of the shares and interest of the
deceased member in the capital/property of the society, the society shall acquire the same and
pay them value thereof as provided under the bye-law referred to above in the proportion
mentioned in the nomination from. If no proportion is mentioned in the nomination from, the
payment shall be in equal proportion
Bye Law No.37:
If, in the opinion of the Committee, there is only one heir/legal representative of the deceased
member and if he demands payment of the value of the shares and interest of the deceased
member in the capital/property of the society, the society may acquire the same and pay him the
value thereof as provided under the bye-law No.66 after obtaining the indemnity bond referred
to in the bye-law No.35, If, in the opinion of the Committee there are more heir/legal
representatives than one and if they demand payment of the value of Shares and interest of the
deceased member in the capital/property of the society, the society may acquire the same and
pay them value thereof in equal proportion as provided under bye-law No.66, after obtaining the
indemnity bond referred to the bye-law No.35, from all the heirs/legal representatives jointly.
Q.: Does Nominee become owner of the flat?
Nomination is not a Will and therefore nominee does not become owner of the shares of the
flat. The Nominee is only a trustee of the legal heirs.
Q.: What happens if the member has filed Nomination & has left Will too?
Society has to go with Bye Laws & has to transfer the shares in the name of Nominee. However
still nominee does not become owner of the flat. The Will has to be probated & then Society
has to transfer the shares accordingly.
For Hindu Succession Act, please refer the following website
http://www.legalindia.in/the-hindu-succession-act-1956
http://nitinprane.blogspot.com/2010/10/hindu-succession-act.html
Q.: Agreement is in the name of Mr.X, he nominates his son Mr.A, does this mean that
Mrs.Y who is the wife of Mr.X has no rights in the flat?
As per Hindu Succession Act, Wife, Sons and Daughters have equal rights (unless and
otherwise Mr.X has made any Will). Mrs.Y has to get Succession Certificate from the court.
Q.: Does Married Daughter, Mrs.B has any rights in the property of her father?
Yes, As per Hindu Succession Act, Married Daughter has equal rights alongwith wife and son.
Note Muslim Succession Law may differ.
Q.: Agreement is in the name of Mr.X & Mrs.Y, after death of Mr.X, does Mrs.Y becomes
100% owner of the flat?
No, all legal heirs of Mr.X, will have equal rights (Wife + Son + Daughter) in proportion with the
shares and interest held by the deceased member, in case property is purchased by member
and associate member jointly (assumed to be 50% each, if not mentioned or can not be proved)
(i.e. 1/3rd of 50% equally by Wife + Son + Daughter) (& 50% remains with Wife as before), (i.e.
2/3rd of Total Property with Wife, 1/6th with Son & 1/6th with Daughter).
Note 1) If Mr.X has paid say 75% & Mrs.Y has paid 25%, then 1/3rd of 75 i.e. 25% + 25% of
her own i.e. Total 50% to wife, 25% to Son, Mr.B & 25% to Daughter, Mrs.B.
2) If Mr.X has paid 25%, Mrs.Y has 25% & Loan for the 50% was taken which Mr.X was
repaying, then Mr.Xs contribution is 75%.
3) If Mrs.Y (Housewife) has not paid any amount to purchase the property, then all the property
is supposed to be of Mr.X.
For all the above, Succession Certificate has to be obtained.
Q.: Ask your questions?
APPENDIX - 14
[Under the Bye-law No. 32]
FORM OF NOMINATION TO BE FURNISHED IN TRIPLICATE

To,
The Secretary
____________________________________ Co-operative Housing Society Ltd.,
____________________________________
Sir,
1. l, Shri/Shrimati ______________________________________________ am the member of the

____________________________________ Co-operative Housing Society Ltd., having
address at ____________________________________
2. I hold the share certificate No. ____________ dated ____________ for five fully paid up shares
of Rupees fifty each, bearing number from ____________ to ____________ (both inclusive),
issued by the said society to me.
3. I also hold the Flat No. ____________ admeasuring ____________ sq. metres, in the building of
the said society, known *numbered as ____________
4. As provided under Rule 25 of the Maharashtra Co-op. Societies Rules, 1961, l hereby nominate
the person/s whose particulars are as given below.
Sr.
No.
Name/s of the
Nominee/s
Permanent
Addresses of the
Nominee/s
Relationshi
p with the
Nominator
Share of
each
Nominee
(Percentag
e)
Date of
Birth of
Nominee/s
if the
Nominee/s
is a minor
6
(1)
(2)
(3)
(4)
(5)
5. As provided under Section 30 of the Maharashtra Co-operative Societies Act, 1960 and the Byelaws No. 36 of the Society, I state that on my death the Shares mentioned above and my
interest in the flat, the details of which are given above, should be transferred to Shri/Shrimati
______________________________________________ the first named nominee, on his/her
complying with the provisions of the Bye-laws of the society regarding requirements of
admission to membership and on furnishing *Indemnity Bond, alongwith the application for
membership, indemnifying the society against any claims made to the said shares and my
interest in the said flat by other nominee/nominees.
___________________________________________________________________________
*Indemnity Bond is not required to be furnished in case of a single nominee.
6. As the nominee at Sr. No. ______ is the minor, I hereby appoint Shri/Shrimati
_______________________________________________________ as the guardian/legal
representative of the minor to represent the minor nominee in matters connected with this
nomination.
Place :
Date : Signature of the Nominator Member
Witnesses :
Name and Addresses of Witnesses.
(1) Shri/Shrimati ________________________________
Address ____________________________________
___________________________________________
___________________________________________ Signature of the Witness
(2) Shri/Shrimati ________________________________
Address ____________________________________
___________________________________________
Place :
The nomination was placed in the meeting of the managing committee of the society held on
________________ for being recorded in its minutes.
The nomination has been recorded in the nomination register at Sr. No. ___________
Date :
Secretary,
______________ Co-op. Housing Society Ltd.,
Received the duplicate copy of the nomination.
Date : Nominator-Member
APPENDIX - 15
[Under the Bye law No. 34]
the Form of applicaiion for Membership by the Nominee/Nominees

To,
The Secretary
____________________________________
Sir,
l/We Shri/Smt/Messrs ______________________________________ hereby make an
application for membership of the ________________________________ Co-operative
Housing Society Ltd., ________________________________ and for transfer of shares and
interest of Shri/Shrimati ______________________________________ Deceased member of
the society, in the capital/property of the society.
Shri/Shrimati _____________________________________________ was a member of
the society holding ____________ Shares of Rs. Fifty each and Flat No. ________ in the
societys building.
Shri/Shrimati _________________________________________ the deceased member
of the society died on ______________ A copy of the death certificate of the said member is
enclosed.
The late Shri/Shrimati ___________________________________ the deceased
member of the society had nominated me/us under Rule 25 of the Maharashtra Co-operative
Societies Rules 1961.
Being the only nominee/authorised nominees as per nomination filed with the society by
the deceased member, l/We am/are entitled to make an application for membership of the
society and for transfer of shares and interest of the deceased member in the capital/property of
the society to my/our name.
l/We have executed the Indemnity Bond in favour of the society indemnifying it against
any claim made at any subsequent time by other nominee/nominees to the shares and interest
of the deceased member in the capital/property of the society. The said Indemnity Bond is
enclosed herewith. [Appendix 18(1)]
I/We remit herewith an amount of Rs.100/- as entrance fee.
My particulars for the purpose of consideration of my application for membership of the

society are as under :
Age : ___________________________________
Occupation : ___________________________________
Monthly income : Rs. ___________________________________
Office Address : ___________________________________
Residential Address : ___________________________________
l give below the particulars of the plot / flat / house owned by me or any of the members
of my family / person dependent on me in the area of operation of the society.
Sr.
No.
Name/s of the Person
Perticulars of the plot / house owned

by the applicant or by any of the
members of his family or a person
dependent on him in the area of
operation of the society
Location of the
plot / flat / house
l/We undertake to use the flat for the purpose for which it was allotted to or acquired by
the deceased member and that any change of user will be made with prior approval of the
society. The undertaking in the prescribed form to that effect is enclosed. (Appendix 3).
I/We enclose herewith the undertaking and the declaration, in the prescribed forms, in
respect of the registration of transfer of the registration of transfer of the flat to my/our name
under Section 269AB of the Income-tax Act and about non-holding of immoveable property in
excess of 500 sq. mtrs. under the Urban Land (Ceiling and Regulation) Act. (Appendix 25)
l/We undertake to discharge the present and future liabilities to the society / As l have no
independent source of income, I enclose herewith the undertaking in the prescribed form
(Appendix 4) from the person, on whom l am dependent to the effect that he will discharge all
the present and future liabilities to the society on my behalf.
I/We have gone through the bye-laws of the society and undertake to abide by the same
and any modifications that the Registering Authority may make in them.
l/We request you to please admit me/us as a member of the society and transfer the
shares and interest of the deceased member in the capital/property of the society to my/our
name. The share certificate held by the deceased member is enclosed herewith.
Yours faithfully,
Place : _________________
Date : _________________
Note : (1) the expression a member of a family" means as defined under bye-law No. 3(xxv)
(2) The undertaking about registration of the flat is not necessary if the nominee is related to the
deceased member within the meaning of Section 2 (41) of the income-tax Act.
APPENDIX - 16
(Under the Bye-law No.35)
The Form of Notice, inviting claims or objections to the transfer

of the shares and the interest of the Deceased Member
in the Capital/Property of the Society
(To be published in two local newspapers having large publication.)
NOTICE
Shri/Smt ____________________________________________________ a Member of the
___________________________________ Co-operative Housing Society Ltd., having address
at ____________________________________ and holding Flat No. __________ in the
building of the society, died on ___________ without making any nomination.
The society hereby invites claims or objections from the heir or heirs or other claimants /
objector or objections to the transfer of the said shares and interest of the deceased member in
the capital / property of the society within a period of _____ days from the publication of this
notice, with copies of such documents and other proofs in support of his / her / their claims /
objections for transfer of shares and interest of the deceased member in the capital / property of
the society. lf no claims / objections are received within the period prescribed above, the society
shall be free to deal with the shares and interest of the deceased member in the capital /
property of the society in such manner as is provided under the bye-laws of the society. The
claims / objections, if any; received by the society for transfer of shares and interest of the
deceased member in the capital / property of the society shall be dealt with in the manner
provided under bye-laws of the society. A copy of the registered bye-laws of the society is
available for inspection by the claimants / objectors, in the office of the society / with the
Secretary of the society between ______ A.M. / P.M. to ______ A.M. / P.M. from the date of
publication of the notice till the date of expiry of its period.
For and on behalf of
_________________ Co-op. Housing Society Ltd.
Place :
Date : Hon. Secretary
APPENDIX - 17
[Under the Bye-law No. 35]
Application for Membership by the Heir of

the Deceased Member of the Society
To,
The Secretary
____________________________________
Sir,
I, Shri/Smt ______________________________________ hereby make an application
for membership of the ______________________________ Co-operative Housing Society Ltd.,
having address at _______________________________________ and for transfer of shares
and interest of the deceased member or the society in the capital / property of the society.
Shri/Smt ___________________________________________ who was a member of
the society and holding ________ shares of Rs. Fifty each and the Flat No. ____________ in
the society's building, died on ___________ without making a nomination, His / Her death
certificate is enclosed.
l hereby state that I am the only heir of the said deceased member / there are _______
heirs of the deceased member and all of the heirs have made an affidavit choosing me to make
an application for membership of the society and for transfer of shares and interest of the
deceased member in the capital / property of the society to my name. The affidavit in original is
enclosed.
I have also executed an Indemnity Bond in favour of the society Appendix 18(2),
indemnifying it against any claim made by any other person / persons or heir / heirs at any
subsequent time in respect of the shares and interest of the deceased member in the capital /
property of the society.
l remit herewith an amount of Rs.100/- as entrance fee.
My particulars for the purpose of consideration of my application for membership of the
society are as under :
Age : ___________________________________
Occupation : ___________________________________
Monthly income : Rs. ___________________________________
Office Address : ___________________________________
Residential Address : ___________________________________
l give below the particulars of the plot / flat / house owned by me or any of the members
of my family or person dependent on me in the area of operation of the society.
Sr.
No.
Name/s of the
Person
Perticulars of the plot / house owned

by the applicant or by any of the
members of his family or a person
dependent on him in the area of
operation of the society
Location of
the plot / flat /
house
4
l undertake to use the flat for the purpose for which it was held / acquired by the
deceased member and that any change of user will be made with the prior approval of the
society. The undertaking in the prescribed form to that effect is enclosed. (Appendix 3).
I enclose herewith the undertaking and the declaration in the prescribed forms that I will
disclose of the plot / flat / house, owned by me or any of the members of my family, or the
person dependent on me, the details of which are given above.
I enclose herewith the undertaking and the declaration in the prescribed forms about
registration of the transfer of the flat to my name under Section 269 AB of the Income-tax Act
and about non-holding of immoveable property in excess of 500 sq. mtrs. under the Urban Land
(Ceiling and Regulation) Act.
l undertake to discharge the present and future liabilities to the society / As l have no
independent source of income, I enclose herewith the undertaking in the prescribed form from
the person, on whom l am dependent to the effect that he will discharge all the present and
future liabilities to the society on my behalf.
I have gone through the bye-laws of the society and undertake to abide by the same and
any modifications that the Registering Authority may make in them.
l request you to please admit me as a member of the society and to transfer the shares
and interest of the deceased member in the capital / property of the society to my name. The
share certificate held by the deceased member is enclosed herewith.
Yours faithfully,
Place : _________________
Date : _________________
Note : (1) the expression a member of a family" means as defined under bye-law No. 3(xxv)
(2) The undertaking about registration of the flat is not necessary if the nominee is related to the
deceased member within the meaning of Section 2 (41) of the income-tax Act.
APPENDIX 18
[Under the Bye-law No.34]
FORM OF INDEMNITY BOND

To be given on Stamp Paper of Rs.200 or to be affixed
with adhesive stamps of the same denomination.
(To be given where there are more nominees than one)
I, Shri/Shrimati ____________________________________________ residing at
_____________________________________ an Indian inhabitant state as under :
2. Shri/Shrimati _____________________________________________________ residing

at _____________________________________________________ was the member of the
________________________ Co-operative Housing Society Ltd. having address at
_____________________________________________________________ He/She was
holding Share Certificate No. ____________ for five fully paid up shares of Rupees Fifty each,
bearing distinctive numbers from _____________ to _____________ (both inculsive).
3. The said Shri/Shrimati __________________________________ was holding the Flat
No. __________ on _______ floor, in the building of the society known/numbered as
____________ constructed on the plot of land bearing No. __________________ at
________________________________________________
4. The said Shri/Shrimati ______________________________________________ had
nominated the following persons under Rule 25 of the Maharashtra Co-op. Societies Rules
1961.
(i) Shri/Shrimati ____________________________________________
(ii) Shri/Shrimati ____________________________________________
(iii) Shri/Shrimati ____________________________________________
(iv) Shri/Shrimati ____________________________________________
(v) Shri/Shrimati ____________________________________________
5. I am duly authorised by the above nominees to make an application for membership in the
society.
6. The said Shri/Shrimati died on or about _______________________
7. According to the bye-law N0. 34 of the bye-laws of the said society I am entitled to make
an application for membership of the said society and or transfer of the said shares and interest
of the said shares and interest of the said deceased member in the said flat to our names.
Accordingly, I have made an application for membership of the said society and for transfer of
the Shares and the interest of the said deceased/member in the said flat to my name.
8. We hereby indemnify and keep indemnified and harmless the said society and its officebearers against any claim demand, suit or other legal proceedings by other nominee/nominees
claiming either lawfully and/or equitably, through the said deceased Shri/Shrimati
___________________________________________
We further declare and undertake to bear all expenses, costs, charges in respect of any
such claim, demand, suit and/or legal proceedings which may be filed by other
nominee/nominees either lawfully and/or equitably claiming through the said deceased member
of the society.
9. We are conscious of the fact that the society will admit us as its Joint/Associate member
in place and instead of the said deceased member of the society on the basis of this indemnity
and undertaking.
Signatures of applicant
Place :
Date :
Signatures of nominees
1)
2)
3)
Witnesses :
(1) Shri/Shrimati ________________________________
Address ____________________________________
___________________________________________
(2) Shri/Shrimati ________________________________
Address ____________________________________
___________________________________________
Place :
Date :
APPENDIX - 19
[Under the Bye-law No.35]
FORM OF INDEMNITY BOND

To be given on Stamp Paper of Rs.200 or to be affixed
with adhesive stamps of the same denomination.

(To be given where there is no nomination)
1. Shri/Shrimati ___________________________________________________ of
_____________________________ Indian inhabitant, state as under:
2. Shri/Shrimati _____________________________________________ residing at
_______________________________________________ who was the member of the
___________________________ co-operative Housing Society Ltd. having address at
__________________________________________ died on or about _____________
3. The said Shri/Shrimati _______________________________ had not made any
nomination as provided under Rule 25 of the Maharashtra Co-operative Societies Rule, 1961.
4. The said Shri/Shrimati _________________________________ was holding the share
certificate No. ____________ for five fully paid up shares of Rupees Fifty each; bearing
distinctive numbers from ______________ to ____________ (both inclusive)
5. The said Shri/Shrimati _____________________________________ was holding the Flat
No. ___________ on ______ floor, in the building of the society, known / numbered as
_____________________ constructed on the plot of land bearing no.
_________________________________ at ______________________________
6. The said Shri/Shrimati _________________________________ has left behind me as his
/ her only heir / the following heirs.
(i) Shri/Shrimati ____________________________________________
(ii) Shri/Shrimati ____________________________________________
(iii) Shri/Shrimati ____________________________________________
(iv) Shri/Shrimati ____________________________________________
(v) Shri/Shrimati ____________________________________________
l am the only heir of the deceased Shri/Shrimati __________________________________ I
inherit his/her shares, and his/her interest in the said flat. According to the bye-law No.35 of the
bye-laws of the said society, I am entitled to make an application for membership of the said
society and for transfer of the said flat to my name. Accordingly, I have made an application for
transfer of the said shares and the interest of the said deceased member in the said flat to my
name.
OR
According to the bye-law No.35 of the bye-laws of the society, all the above heirs have jointly
made an affidavit and make an application for Joint / Associate membership of the said society
and for transfer of the said shares and the interest of the said deceased member in the said flat
to our names. Accordingly, we have made an application for Joint / Associate membership of the
said society and for transfer of the said shares and the interest of the said deceased member in
the said flat to our names.
7. We hereby indemnify and keep indemnified and harmless the said society and its officebearers against any claim demand, suit or other legal proceedings by any other heir/heirs, either
lawfully and/or equitably, through the said deceased Shri/Shrimati
___________________________________________
We further declare and undertake to bear all expenses, costs, charges in respect of any
such claim, demand, suit and/or legal proceedings which may be filed by any other heir/heirs
either lawfully and/or equitably claiming through the said deceased member of the society.
8. We are conscious of the fact that the society will admit us as its Joint/Associate member
in place and instead of the said deceased member of the society on the basis of this indemnity
and undertaking.
Signatures of applicant
Place : 1)
Date : 2)
3)
Witnesses :
(1) Shri/Shrimati ________________________________
Address ____________________________________
___________________________________________
(2) Shri/Shrimati ________________________________
Address ____________________________________
___________________________________________
Place :
Date :
1.
UnknownDecember 17, 2014 at 6:50 PM
Hi
I am owner of a flat and I want to file nomination in name of two people who would own equal
shares in the flat after my death.Apart from Nomination form do i need to submit any type of
idemity bond or declaration in stamp paper about dual nomination.If yes can you give me the
format
for
the
same
Regards
Sunil Pai
Reply
Replies
1.
Nitin RaneDecember 17, 2014 at 11:35 PM
Only Nomination Form (APPENDIX-14) is to be submitted to society.
You can nominate anybody at your wish, at any proportion (equal to 100%).
Reply
2.
AnonymousJanuary 5, 2015 at 12:55 AM
Dear sir,
My mother is 68years Old and having three sons, After her death She wants to give her flat to her
3 sons. So, if she is filing Nomination Form in Appendix 14 along with this does she also needs to
submit IDEMINTY BOND along with Nomination. & If she Don't make any will Can Nominee Can
Apply for Membership????
Right now, A single nomination is there in her flat, she wants to cancel it??
Does we have to wait till society meeting for cancelling of a Nominee????? and meanwhile she is
no more then
ACCEPTANCE DATE of Cancellation Of Nominee Letter BY SECRETARY will be effective.
Kindly guide.
Reply
Replies
1.
Nitin RaneJanuary 5, 2015 at 10:00 PM
1) No indeminity bond from mother.
2) Please refer Bye Law No. 32
a) A member may revoke or vary his nomination, at any time, by making an application, in
writing, under his hand, to the Secretary of the Society.
b) The acknowledgement of the variation in nomination/subsequent nomination by the
Secretary, shall be deemed to be the cancellation of earlier nomination.
c) Every fresh nomination shall be charged a fee of Rs. 100/-.
3) Please refer Bye Law No. 33
On receipt of the nomination form, or the letter or revocation of the earlier nomination, the
same shall be placed before the meeting of the Committee. held next after the receipt of
the nomination form, or the letter of revocation of the earlier nomination, by the Secretary
of the Society for recording the same in the minutes of the Committee. Every such
nomination or revocation thereof shall be entered in the register of nominations by the
Secretary of the society within 7 days of the meeting of the Committee, in which it was
recorded.
4) Nominee is trustee of the flat.
Even if only 1 son is nominee, under Hindu Succession Act, all 3 sons (& daughters, if
any) have equal rights on the flat (provided no will is done).
Reply
3.
jyothi shettyJanuary 20, 2015 at 2:27 PM
May i ask you one question :
There is one old lady who expired in our Society.
She has two legal hier son. One son is staying away and the other son is expired whose wife stay
with her daughter in the lady flat.
The old lady expired and she has appointed ONLY ONE PERSON - daughter in law (son expired)
as a 100% Nominee.
For transfer of shares now, the secretary is asking for
NOC from legal hiers
INDEMNITY BOND from lady
Lady not ready to give NOC (as the other legal hier son is not giving his NOC)
Lady now after much persuasion ready to give Indemnity BOND
Society secretary saying that they are ready to transfer the shares in her name but she cannot
become owner of the flat till all the legal hiers are brought on records of the society. Is this true,
under which byelaw
Society Secretary say that the lady cannot sell this flat unless the legal hiers are brought on
record. Is this true, under which byelaw.
Can society as a special case allow sale of flat, after one year.
SHETTY
Reply
Replies
1.
Please refer Bye Law No. 34

In case of acquiring membership on the basis of nomination, such member shall hold the
flat/unit in Trust' till all the Heirs are brought on record and shall not have the right to
ownership and shall not create the third party interest.
Please refer Section 30 of The Maharashtra Co-operative Societies Act (MCS Act)
30. TRANSFER OF INTEREST ON DEATH OF MEMBER
(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 interest on accordance
with the rules or, if no person has been so nominated, to such person as may appear to
the committee to be the heir or legal representative of the deceased member
Purpose of making a nomination is only to provide for the parties with whom the society
must deal on the death of a member and not to create a rule of succession.
Nominee is mere a trustee.
Succession to the estate of deceased must take its course in accordance with the law of
succession governing the deceased and his heirs.
Nomination does not alter the succession in the estate of deceased and do not confer
exclusive title on the nominee.
Please refer the following case in Bombay High Court (attached herewith).
Gopal Vishnu Ghatnekar vs Madhukar Vishnu Ghatnekar on 24 June, 1981
http://www.judis.nic.in/bombay/chejudis.asp
Example :
Flat owned by Mrs.X, membership of Society Mrs.X.
Mrs.X has two sons (Mr.A & Mr.B).
Mr.A & Mr.B are legal heirs.
Mr.A staying abroad.
Mr.B stays with his wife Mrs.P & daughter Miss D.
Mr.B expired.
Case-1 :
Mrs.X NOMINATES Mrs.P.
Mrs.X expired.
Mrs.P will become member of the society as Nominee of Mrs.X.
Still Mr.A has 50% rights of ownership in the flat.
i) Mr.A can release his rights to Mrs.P for consideration of 50% of flat value or even free.
Then Mrs.P will become sole owner of the flat. She can then sell the flat at her wish.
ii) Mrs.P wants to sell the flat. Mr.A has to give NOC to sell the flat, his name will be
entered in the sell agreement. Mrs.P has to give 50% of the sell value (or as decided
mutually, it may be even zero) to Mr.A.
Case-2 :
Mrs.X MAKES WILL in the name of Mrs.P.
Mrs.X expired.
Mrs.P will get probate on the will of Mrs.X.
Mrs.P becomes sole owner of the flat & member of the society.
Mr.A will have no rights of ownership in the flat.
Disclaimer : I am not professional. Get professional advice.

Reply
4.
Zainab PresswalaJanuary 27, 2015 at 6:51 PM
where and who has to sign on the nomination form?
Reply
Replies
1.
1) To be signed by Member above "Signature of the Nominator Member",
2) To be witnessed by 2 persons "Signature of the Witness"
3) 3rd copy to be acknowledged by Secretary of the society at the time of receiving
Nomination Form from member.
4) 1st & 2nd copy to be signed by Secretary of the society after noting it in Managing
Committee Meeting held next & recording Nomination in Nomination Register.
5) To be signed by member on 1st copy (acknowledgement) when receiving 2nd copy.
1st copy to be filed for society record,
2nd copy to be given to member after recording Nomination in Nomination Register,
3rd copy to be given to member at the time of receiving Nomination Form from Member.
Reply
5.
SunitaFebruary 12, 2015 at 1:17 AM
In case the nomination mentions A and B in that order for 50% of the share can the nominees
mutually decide among themselves on who will be first on the share certificate in case they apply
for joint membership of a flat in a case of transfer to nominee. Can they later mutually nominate
each other ?
Reply
Replies
1.
Nitin RaneApril 21, 2015 at 1:15 AM

Is there anybody who has legal rights other than A & B ?
If only A & B are legal heirs A & B can mutually decide who will be member & who will be associate member, as both
have legal rights in the flat. (1st name) Member, (2nd name) Associate Member.
Please note that _
Nominee does not become owner.
To become owner of flat, consent of all legal heirs is required.
He should get such ownership through law of court.
Disclaimer : I am not advocate. Get professional help, if required.

Reply
6.
pradeep makhijaniMarch 23, 2015 at 12:40 AM
nitin sir
mother and son are jointly member of the society ( mothers name are 1st in share certificate )
now mother want to give full membership to her son. sir what is the remedy ,which form shall she
be fill
Reply
Replies
1.
She should make Gift Deed in the name of her son & then transfer the flat alongwith
membership to her son.
Reply
7.
AnonymousMarch 23, 2015 at 5:43 PM
Nitin Sir
I have a question. I have a flat in the joint name with my wife. Now society has distributed the
nomination form. Whether both of us have to sign the nomination or alone i can sign. or she has
to submit a separate nomination form? Please advice.
Regards
D bhattacharya
Reply
8.
Mr.X & Mrs.Y have bought flat jointly & are joint owners.
For convenience, Mr.X has become Member & Mrs.Y has become Associate Member (Joint
Member).
Mr.X can file Nomination Form & Mrs.Y can file Nomination Form separately.
In case of death of Mr.X, his nominee (may or may not be his wife) will become member in place
of Mr.X;
In case of death of Mrs.Y, her nominee (may or may not be his husband) will become member in
place of Mrs.Y.
Reply
9.
ppJune 2, 2015 at 8:51 PM
I want to nominate my wife and daughter. I will up the form (14) in triplicate and submit. BUt i read
somewhere if there is more than one nominee i need a indemnity bond. Where do I get that form.
Is
there
a
place
I
can
download
these
forms.
thanks a lot for your great blog
Reply
Replies
1.
Nitin RaneJune 3, 2015 at 6:12 PM
Please refer (Form-18) APPENDIX 18 FORM OF INDEMNITY BOND, (given above).

If a member nominates more than one nominees
after his/her death (members death),
1st nominee (who will become member)
along with other nominee/s (who will become associate / joint member/s)
have to give this Indemnity Bond.
Existing member does not have to give Indemnity Bond.
Reply
10.
AnonymousJune 21, 2015 at 11:31 AM
"A" gave nomination of B & C.
After death of "A" B & C became member of the Society 20 years back.
B & C both died in 2013.
Both gave nomination of D & E.
My questions Sir,
1) Whether B & C can give further nominations as they themselves were members through
nomination.
2) Can anyone without obtaining heirship/succession certificate of "A" object to it ?
3) Whether Society is under obligation to transfer the membership to D & E.
4) Whether anyone else claiming to be legal heir of "A" can claim the membership without
obtaining any order from the court -- which will be the right court for him --- can he get orders of
his heirship from cooperative fora like deputy registrar or coop court ?
Regards
xyz.
Reply
11.
AnonymousJuly 13, 2015 at 4:17 PM
Received an application for removal of (deceased) Members name from the share certificate on
his death. The flat was purchased in the name of Son and his wife - the names of father and
mother were added only for convinience sake for using it as a proof of address. on the death of
father an application has been received by the secretary to remove the father name as member
on the share certificate. the son , his wife and mother continue to be members. what is the
protocol to be followed in such case by the secretary of the society? the will of the father clearly
says that he has no interest in the property which belongs exclusively to his son and sons wife.
Reply
Replies
1.
Nitin RaneJuly 29, 2015 at 9:34 AM
Father was an associate member. On his death he is ceased to be an associate member
& his name has to be removed.
Please refer Bye-Law No.58 : The person shall cease to be the associate member of the
society, when the original member ceases to be the member of the society or on the
death of the associate member or on the acceptance of the resignation of the associate
member by the Committee, The Committee shall take further action in the matter as
indicated in the Bye-law No. 61.
Reply
12.
GauravJuly 26, 2015 at 6:24 PM
Dear Sir,
As per the nomination form - 14 under by-laws No. 32 we have following queries:
1) The form is to be submitted by single member (as the form mentions I & not We). How to
submit the form for joint members?
2) As the nominee is only Trustee & not the heir, however Form 14 instructs to transfer the shares
& interest in the flat to 1st named nominee, which seems to be contradictory.(encl form 14 for
ready reference). In case there are more than 1 nominee what happens to their share/interest?
3) In the above case, can the nominee dispose of the flat, after the transfer of shares & interest in
his name?
What is the precautions society must take?
4) In case of joint holding by husband & wife can they nominate one of them in the nomination,
along with children?
5) Can a flat owner nominate a Trust? What is the procedure?
Reply
Replies
1.
Nitin RaneJuly 27, 2015 at 8:58 PM
Gaurav has left a new comment on your post "Nomination in CHS":
Dear Sir,
As per the nomination form - 14 under by-laws No. 32 we have following queries:
1) The form is to be submitted by single member (as the form mentions I & not We). How
to submit the form for joint members?
Both members can submit Form-14 individually.
2) As the nominee is only Trustee & not the heir, however Form 14 instructs to transfer
the shares & interest in the flat to 1st named nominee, which seems to be contradictory.
(encl form 14 for ready reference). In case there are more than 1 nominee what happens
to their share/interest?
For society, first one is member & other/s is/are associate member/s.
Please refer Form-15 Application for membership by Nominee/Nominees.
Please refer Form-18 Indemnity Bond
When there are more than one nominees, membership is transferred to first nominee
who becomes member, other/s can fill associate membership form & can become
associate member/s.
3) In the above case, can the nominee dispose of the flat, after the transfer of shares &
interest in his name?
It is to be remembered always that Nominee/s is/are mere trustee/s on behalf of legal
heir/s.
Nominee can not sell flat without NOC from other legal heir/s.
What is the precautions society must take?
Society has to give Notice (Form-16) in at least 2 local wide circulating newspapers & on
society notice board & invite claims & objections.
Society can ask for succession certificate.
4) In case of joint holding by husband & wife can they nominate one of them in the
nomination, along with children?
Yes, Husband can nominate Wife+Children & Wife can nominate Husband+Children.
5) Can a flat owner nominate a Trust? What is the procedure?
Instead he should make a will in favor of Trust.
2.
GauravJuly 31, 2015 at 11:32 PM
Thank You, Sir
Reply
13.
ParthAugust 2, 2015 at 8:13 PM
Dear Sir,
We are in the process of getting the nominations from our members. We have the following
situation:
1) One flat has been occupied by the relative of the owner.
2) Two flats have been under the caretaker relative who gives it on rent or keeps it vacant. The
main owner for both, situation 1 & 2 is not known to the committee or Society members. Also the
main owner has not attended any meetings of the Society from the beggining (approx 20 yrs).
We have given nomination form to the relative and caretaker relative. The relative has returned
the form signed by the owner indicating himself as the nominee and caretaker relative has also
indicated one of his family members as nominee. The committee is not sure about the
authenticity of the signature in nomination form by the owner since committee does not have any
KYC details of the owner. We have to contact the relatives since we do not have any details,
contact no.s of the owner. To avoid any complications in future regarding the nominations can the
Society take the following actions:
1)The relatives will be asked to present the owners with KYC details along with witnesses in front
of the committee members for signing.
2) In case the relative refuses to bring the original owner for signature can Society refuse to
register the nominations.
3) What additional action or precaution to be taken by the Society and which bye-laws reference
the society can give to the owners and relative for the action.
4) As we have indicated above the original member has not attended any meeting so far, what
action Society can take as per the bye-laws.
Reply
14.
AnonymousAugust 2, 2015 at 9:59 PM
Respected Sir,
We have the following question...
One shop has been jointly owned by mother and daughter. Mother has expired. No will/
nomination made by mother. Now we are asking for the nomination form which daughter has filled
making her brother as nominee. As per earlier explanations given by you, we understand
daughter is only 50% owner for which her brother is a nominee. Now what happens to her
mothers share of 50%? What is the procedure to get the mothers share's nominee or successor?
Thanking you and awaiting prompt reply.
Reply
15.
AnonymousOctober 20, 2015 at 6:53 PM
The nomination form is required to be submitted to the society in triplicate. The society returns
one copy to the member after registering the nomination. Is there a provision to give one copy to
the nominee?
Reply
16.
AnonymousDecember 4, 2015 at 2:43 PM
Sir
In case of multiple nominees, do we have to submit indemity bond to the society, and if so kindly
let me know if there is any format for the same
Reply
Replies
1.
Nitin RaneDecember 5, 2015 at 12:14 PM
Form No.18 (APPENDIX 18) is given above for the same.
Reply
17.
AnonymousJanuary 4, 2016 at 6:42 PM
X was the member of society. He passed away. He had made flat share transfer nomination 70%
to wife and 30% son. As per his will 100% share should be transferred to his wife after his death.
Is NOC required by son in this case? If yes then whether required on stamp paper? Also whether
succession certificate needed in this case?
Reply
Replies
1.
Legal heir should get probate of deceased member's WILL.
Reply
18.
UnknownJanuary 6, 2016 at 12:47 PM
in Co Op housing society, more than one nominee we have to fill indemnity, but notary is require
or not
Reply
19.
manjusha burhadeJanuary 6, 2016 at 6:24 PM
in Co Op housing society, more than one nominee we have to fill indemnity, but notary is require
or not
Reply
Replies
1.
Indemnity Bond should be notarised.
Reply
20.
JITENDRA PARMARFebruary 11, 2016 at 5:55 PM
Hi, I stay in co op housing service society in Gujarat...as you know we have nothing to do with
ownership issues being a service society. We only have to look after the common properties
maintenance and handling services/facilities. Members are having complete ownership rights. But
we issue them share certificates for being members...so are we suppossed to get nomination
details from them?
Reply
21.
AnonymousFebruary 19, 2016 at 1:31 PM
Mr.X had a flat in a co-operative society in his name. Mr.X expired and in his nomination have
named Mrs.Y(wife) and Mr.A & Mr.B(Both sons) to get equal share in the share certificate for
membership/associate membership. Now both the sons want to transfer their share in nomination
to the Mother and make her a 100% nominee for the Society share certificate. What type of NOC
should the two sons (Mr.A & Mr.B) issue to the society so that the society can include only Mrs.X
name as the only member of the society holding 100% rights in the share certificate. Please let us
know the format in which the NOC has to be issued to the society.
Reply
Replies
1.
Nitin RaneFebruary 23, 2016 at 2:33 PM
Both
sons
should
make
Release
Deed
in
the
name
of
their
mother.
Take legal opinion, I am not Legal professional.

Reply
22.
RohitMarch 18, 2016 at 10:00 PM
Is it mandatory to have the signature of witnesses?
Reply
23.
PrasadMarch 21, 2016 at 3:53 PM
Namaskar
I
have
two
questions
1) In CHS we have two adjacent flats. One is in my name and my wife name ( joint) and the
second one in my wife and my mother's name ( joint ) My mother expired few years back. I am
the only child of my parents. My father is no more. I wish to add my name in second flat in place
of my mothers name. Just application to society would do? Do I need to give any indemnity
bond?
2) When we bought the second adjacent flat in my wife and mother's name the previous owner
did not hand over the share certificate to us at the time of sale and told he would do the same
later. But later he tells that he has lost the share certificate. How to get duplicate one?
Reply
24.
Anil BhatkarMarch 26, 2016 at 12:50 PM
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.
Reply
25.
UnknownApril 19, 2016 at 2:12 PM

Hello,
Does Chairman of housing society has right to reject nomination for once filled in triplicate and
acknowledged by secretary, nominee becomes trustee?
Reply
26.
AnonymousApril 24, 2016 at 9:17 PM
Hello,
I am the nominee in the Maharashtra housing society flat. My mother was single member of the
said society. She died without any will but my name was recorded as nominee. According to byelaw as a nominee, I applied for membership of society and managing committee added my name
in share certificate and accepted my membership.
Now the society is going for the redevelopment. Now the question is as nominee is only working
as a trustee, can I sell or transfer this flat or do a deal with builder for redevelopment? If not what
is the procedure to become owner of property from trusty?
I have a sister and we are the only legal heirs of my mother. If I want to add my sister's name also
in society share certificate along with me as joint member and then do dealing with builder for
redevelopment of society property, what procedure needs to be followed.
Reply
27.
SANKET POSAMApril 25, 2016 at 10:55 PM
Mr. X was the owner of a flat, Mr. Y is the sole nominee, upon Mr. X's death Mr. Y applies for
membership and gets shares transferred to his name. Can Mr. Y now make further nomination to
Mr. Z and so on.
Reply
Replies
1.
Nitin RaneSeptember 16, 2016 at 2:13 PM
Mr. Y is nominee & not became owner. All legal heirs of Mr.X can claim the ownership.
Reply
28.
G BMay 1, 2016 at 12:29 PM

Hello
My mother recently passed away. My father was joint holder. No nomination was made. Is
succession certificate compulsory. I heard getting succession certificate is very cumbersome
procedure. What are the other ways. My mother has unregistered will. Will that help. Please reply
as My family doesn't know what to do now.
Reply
29.
Himesh LakhaniAugust 30, 2016 at 11:20 AM
I am holding a flat in a CHS along with my dad as joint holder. Now, while filling up the
nomination, do both of us have to submit separate Nomination forms even though the nominee is
the same."
Reply
30.
Nitin RaneAugust 30, 2016 at 1:45 PM
It's better, if both joint holders fill nomination forms individually.
In case of death of Member-1:
Member-1's 50% share will be transferred to Nominee.
So share certificate will have names of Nominee+Member-2.
In case of death of Member-2:
So share certificate will have names of Member-1+Nominee.
In case of death of Both Members:
So share certificate will have name of Nominee.
If Nomination is filled by both members together,

it creates confusion to managing committee of society.
However in both cases, share of member should be transferred to nominee.
Disclaimer : I am not legal advisor, you can seek legal advise.

Reply
31.
Sonu SuvarnaSeptember 7, 2016 at 8:42 PM

Hello,
I have submitted my nomination form in triplicate to the society in the year 2013 and I have an
acknowledgment as received from the society. But the Society has not reverted with a stamped
copy of the nomination form. I noted this just recently. Does the fact that I have not been given a
copy of the nomination form by the society make my nomination invalid. Please advice.
Thank you.
1.
Nitin RaneSeptember 16, 2016 at 2:08 PM
Please refer Bye-Law No.32 :
The acknowledgement of the nomination by the Secretary, shall be deemed to be the
acceptance of nomination by the Secretary.
Nominee Transfer of Shares in Co-operative

Housing Society: Maharashtra CHS Act
Posted: February 12, 2013 | Author: yazdi | Filed under: Co-operative Societies |51 Comments
Source Courtesy: Advocate Sanjeev Kanchan

Transfer of Shares in Co-operative Housing Society: Maharashtra CHS Act
Can Society transfer the Share Certificate in the name of the nominee in spite of objections from legal
heirs ?
By Advocate Sanjeev Kanchan
Posted on 10th July 2002 ( Provisions still Valid )
I would like to deal with the above query in detail, since similar problems are faced in many co-operative
societies.
For instance, a person has been nominated as a legal nominee by the deceased member in the records
of a co-operative housing society. The said deceased husband died in Bombay in 1999, leaving behind
him his wife and his two adult sons. The sons have filed their objection with the society and requested
them not to transfer the share certificate in the name of their mother, although she is the nominee of the
flat as per the records of the society.
Section 30 of the Maharashtra Co-operative Societies Act 1960 deals with the provision of transfer of
interest which is as under :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 person
has been so 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 or legal representative, as the
case may be duly admitted as a member of the Society.
All transfer and payments duly made by a society in accordance with the provisions of Section 30(4) shall
be valid and effectual against any demand made upon the society by any other person. Rule 25, for the
purpose of transfer of his share or interest under sub-section (1) of Section 30, a member of a Society
may by a document signed by him, or by making a statement in any book kept for the purpose by the
society, nominate any person or persons. Where the nomination is made by document, such document
shall be deposited with the society during the members life-time and, where the nomination is made by
statement it shall be signed by the member and attested by one witness.
MCS Rule 25 Section 3
Where a member of a society has not made any nomination, the society shall on the members death by a
public notice exhibited at the office of the society, invite claims or objections for the proposed transfer of
the share or interest of the deceased within the time specified in the notice.
After taking into consideration the claim or objections received in reply to the notice or otherwise, and
after making such inquiries as committee considers proper in the circumstances prevailing, the committee
shall decide as to the person who in its opinion is the heir or the Legal Representatives of the deceased
member and proceed to take action under Section 30.
However, what is important is the section and not the rules and bye- laws in as much as the rules and bye
laws cannot provide everything contrary to the section. It is very clear on the plain reading of the section
that the intention and purpose of Section 30 of the Maharashtra Co-operative Societies Act is to provide
for who has to deal with the society on the death of a member and not to create a new rule of succession.
The purpose of the nomination to make certain that the person with whom the society has to deal on the
death of a member. The society has to deal with the legal nominee who has been nominated by the
deceased member on the records of the society. The purpose of this section is to avoid confusion in case
there are dispute between the heirs and legal representatives and to avoid uncertainties as to with whom
the society should deal to get proper discharge.
The society is not concerned with any kinds of dispute raised by any person whosoever, so for the transfer
of membership of deceased member to his nominee is concerned. Nevertheless all the persons entitled to
the estate of the deceased as per succession law applicable to them do not lose their right to the same,
even after transfer of the shares in the name of the deceased member.
It is pertinent to note that transfer of any property including share of the society is not governed by the
ordinary law but by the provisions of the Maharashtra Co-operative Societies Act, and the rules and byelaws framed by the Society. However, the right of society to admit a person of its choice as a member
cannot be exercised arbitrarily and so as to deprive person of his/her right to the shares or property of a
deceased member.
The law does not give a right to the society to refuse membership to a person who is entitled to become a
member. To repeat, a society has the right to admit a nominee of a deceased member of an heir or legal
representative of deceased member as chosen by the society as a member. A member of the society will
have to obtain relief in the normal court against such person and have his rights ascertained and
declared, and thereafter apply to the society on the basis of the Court Judgement to make him a member
of the society.
Whether nomination is will
From the requirements for making a nomination, one may feel that nomination is Will. But is reality the
Nomination is not a Will. Will as nomination filed in accordance with the provisions of rule and bye laws in
the prescribed form and general intention (which is must in the Will) is not to provide for succession after
death of a member.
Status of a Nominee
The provisions of nomination is found in various Acts, for example, L.I.C., Provident Fund, Gratuity, but
the nomination does not create any title or interest in favour of the nominee. In a recent case under the
Insurance Act, the Supreme Court in SMT SARBATI DEVI versus SMT USHA DEVI reported in A.I.R.
1984 SC, 346 held that it does not confer any beneficial interest in the nominee and the other heirs can
claim the amount in accordance with the law of succession governing them. Therefore as a principal as
can very well say that nominee is mere trustee with whom society can initially or prima facie deal with and
after the death of a member, all the heirs of the deceased member will have a right of succession to the
property, and the nominee cannot exclude other heirs. In other words the provisions of ordinary
succession law will not be affected by nomination.
In view of aforesaid facts and the judgement, it is simply clear that the society will have to transfer the
shares in the name of the nominee, irrespective of any objection being raised by any other person unless
and until the aid objections obtain relief in the normal court against the nominee and society. In my
opinion the society has no alternative except to transfer the shares in the name of the nominee.

How To Transfer A Flat in Housing Society or CHS

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How To Transfer A Flat in Housing Society or CHS

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How to transfer a flat in housing society or CHS?

Here are the guidelines to follow while transferring a flat in a

1. A members may revoke or vary his nomination, at any time, by making

Procedure to follow for transmission when no nomination is made by

What is CHS and Transmission?

NOMINATION AND SHARES TRANSFER TO

A nomination is made by executing nomination form .A specimen of

On receipt of the nomination form, or the letter of revocation of the earlier

On receipt of the nomination form, or the letter of revocation of the earlier

Nominee/Nominess is only Trustee of that Property not legal owner of that

If Nominee/Nominees does not submit the application for membership,with

Subject to the provision of the Section 30 of MCSAct,1960 Bye-Laws no. 34,

FORM OF NOMINATION TO BE FURNISHED IN TRIPLICATE

1. l, Shri/Shrimati ______________________________________________ am the member of the

the Form of applicaiion for Membership by the Nominee/Nominees

My particulars for the purpose of consideration of my application for membership of the

Name/s of the Person

Perticulars of the plot / house owned

The Form of Notice, inviting claims or objections to the transfer

Application for Membership by the Heir of

Perticulars of the plot / house owned

FORM OF INDEMNITY BOND

2. Shri/Shrimati _____________________________________________________ residing

FORM OF INDEMNITY BOND

with adhesive stamps of the same denomination.

Please refer Bye Law No. 34

Disclaimer : I am not professional. Get professional advice.

Nitin RaneApril 21, 2015 at 1:15 AM

Disclaimer : I am not advocate. Get professional help, if required.

Please refer (Form-18) APPENDIX 18 FORM OF INDEMNITY BOND, (given above).

Take legal opinion, I am not Legal professional.

UnknownApril 19, 2016 at 2:12 PM

G BMay 1, 2016 at 12:29 PM

If Nomination is filled by both members together,

Disclaimer : I am not legal advisor, you can seek legal advise.

Sonu SuvarnaSeptember 7, 2016 at 8:42 PM

Nominee Transfer of Shares in Co-operative

Source Courtesy: Advocate Sanjeev Kanchan

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