Question 1

My husband and I held the flat jointly and he has died. Do I automatically become the sole member?

Accepted Answer

Not automatically. You keep your own share and membership. Your husband's share passes under the succession rules: to his nominee as provisional member first, and finally to whoever inherits it under his will or the succession law, which may include your children. If you are his nominee and the only heir, the transfer is simple. Rule 106C-6 (2026) applies "after the death of any member or joint member": the deceased's nominee applies for provisional membership in Form Y-4 with an indemnity bond, or, if there is no nominee, the society invites the heirs by public notice. Joint members nominate separately for their respective shares (Rule 106C-8(1); dBL 28(b)), which shows that each joint holder's share devolves on its own — there is no automatic survivorship between joint members of a housing society. The draft bye-laws say that on the death of the first holder the joint members' rights are governed by the bye-laws on transfer after death (dBL 24(f)). Practical routes: (1) if you were his nominee, apply in Form Y-4; (2) if the heirs (you and the children) agree that you take his share, register a family arrangement and apply in Form Y-5 (Rule 106C-6(2)), or have the others execute a registered release deed; (3) if there is a will, produce it (with probate where required). Until then you remain the first-named or joint member for your own share and may vote under the order on the certificate.

Question 2

I want to nominate my two children with 60 % and 40 %. Is that allowed, and which of them becomes the provisional member?

Accepted Answer

Yes. The draft 2026 bye-laws let you state the proportions; if you do not, nominees take equally. After your death both must apply together, and they can authorise one of them to be the provisional member. The proportions do not decide ownership, which follows your will or the succession law. Rule 106C-8(1) lets a member nominate "any person or persons", and Rule 106C-6(1)(a) says that where there is more than one nominee, all of them make a single application. The draft 2026 bye-laws add that the member may specify the proportion in which the shares and interest devolve on each nominee, failing which they are equal (dBL 28(g)), and that the nominees may by joint affidavit or declaration authorise one of them to be admitted as provisional member; if they cannot agree, the committee requires them to comply with the Act and bye-laws before considering the application (dBL 30(a)). The 2014 bye-laws used the proportions for payment of value (BL 35) and said the other nominees were enrolled as joint or associate members unless they indicated otherwise (BL 33). Remember that a nomination "shall not by itself create or confer any ownership, title or beneficial interest" (dBL 28(h)); if you want the children to own in 60:40, say so in a will.

Question 3

Can I nominate a friend or a distant relative instead of my children?

Accepted Answer

Yes. The Rules allow a member to nominate any person. But the nominee only represents your estate before the society; the flat still goes to your legal heirs or to whoever your will names. If you want the friend to inherit, make a will in his favour. Rule 106C-8(1) (2026) says a member or joint member "may nominate any person or persons for provisional membership"; nothing limits the choice to relatives. The nominee is admitted as provisional member on your death (Rule 106C-6(1)(a); s.154B-13 proviso as reproduced in Vipul Fatechand Shah, 2023). But the Bombay High Court has consistently treated the nominee as holding for those entitled under succession law — most recently in Rhea Parthasarathy (2025), where it held that a nominee to a society flat is in the position of a trustee for the legal heirs and has no caveatable interest in probate proceedings (paras 50, 59). The draft 2026 bye-laws say the same (dBL 28(h)-(i)). So a nominee outside the family can hold the flat for the society's purposes, but the heirs can claim it. If you intend the friend to have the flat, a properly executed will (and probate where needed) is the instrument that achieves it.

Question 4

Can I nominate my minor grandson, and who acts for him if I die while he is still a minor?

Accepted Answer

Nothing in the Rules bars nominating a minor. If you do, also name in the nomination form the adult who should act for him, and appoint a guardian in your will. After your death the minor can be admitted only through a guardian or legal representative. Rule 106C-8 allows "any person" to be nominated and the prescribed forms do not exclude minors. A minor cannot sign an application or an indemnity bond himself, so on the member's death the minor is admitted through his guardian or legal representative (Rule 20(2), still applicable to housing societies; BL 17(b); dBL 22(b)). The Bombay High Court has treated the nominee as acting for the heirs, so the guardian in turn acts for the minor within that limited role. Neither the 2014 nor the draft 2026 nomination form has a column for an "appointee" for a minor nominee; writing the name of the intended adult in the form and appointing a testamentary guardian in a will reduces argument later. Any sale of the minor's interest after admission needs the court's permission under guardianship law (see transfer-317). The committee should record the nominee's date of birth.

Question 5

I made my nomination years ago under the old bye-laws. Is it still valid after the 2026 Rules, or must I file a new one?

Accepted Answer

Nothing in the 2026 Rules cancels existing nominations, so a nomination properly recorded earlier should continue to operate. It is still worth checking that it is in the Register of Nominations and reflects your wishes, and filing a fresh form if your family situation has changed. The MCS (Amendment) Rules 2026 replaced the general nomination rule (Rule 25, now excluded for housing societies by Rule 106C-1) with Rule 106C-8, and extended Rule 26 so that nominations under s.154B-13 are registered like those under s.30. They contain no clause invalidating nominations already on record, and Rule 106C-9 simply requires every nomination, revocation and variation to be entered in the register kept under Rule 32. The 2026 Form Y-4 lets a nominee apply on the basis of a nomination "filed with the society", without limiting it to new forms. Differences to keep in mind: the 2014 form nominated a person to whom the shares would be transferred, while the 2026 scheme makes the nominee a provisional member only; old forms may not state proportions. Practical step: ask the Secretary for an extract of your entry in the Register of Nominations; if it is missing or outdated, file a fresh form (₹100 for a revision).

Question 6

My only nominee died before me and I never changed the nomination. What happens when I die?

Accepted Answer

The nomination has nobody to operate for, so the society treats the case as one without a nominee. It will invite your legal heirs by public notice and admit one of them as provisional member. To avoid this, file a fresh nomination as soon as a nominee dies. A nomination only tells the society whom to deal with on the member's death (s.154B-13; Rule 106C-8). If the sole nominee has died, no nominee can "come forward", and Rule 106C-6(1)(b) then applies: the society publishes a notice in at least two widely circulated local dailies and on its notice board inviting applications from the legal heirs; after inquiry the committee may admit an heir as provisional member on Form Y-4 with an indemnity bond; several claimants file an affidavit naming one; if they disagree, a legal-heirship certificate, succession certificate or letters of administration is required. The 2014 bye-laws had the same route (BL 34), with the notice cost recovered from the deceased member's interest. Where some but not all of several nominees have died, the survivors apply jointly. Revising a nomination costs ₹100 under both the 2014 and the draft 2026 bye-laws, and the Secretary must record it.

Question 7

Is there a deadline for the nominee or heirs to apply after a member's death? What if they apply years later?

Accepted Answer

The 2014 bye-laws asked the nominee to apply within six months of the death; the 2026 Rules set no deadline. A late application is not forfeited, but the society may meanwhile have invited heirs by notice. Apply as soon as you have the death certificate. BL 33 (2014) required nominees to apply for membership within six months of the member's death, and BL 34 required the society to issue a public notice within six months of learning of a death where no nominee came forward. Rule 106C-6(1) (2026) keeps the procedure but sets no time limit for the nominee; it says only that where "no nominee comes forward" the society shall invite the heirs by notice. The draft 2026 bye-laws follow the Rule (dBL 30). A late application therefore does not lose the right, but delay causes real problems: charges keep accruing against the flat; the society may have admitted an heir after the notice; and the 2014 bye-laws say that if nobody claims at all, the interest vests in the society (BL 34). The society, for its part, should record the date it learned of the death, write to the family, and publish the notice promptly if nobody applies.

Question 8

What documents should a nominee file with Form Y-4 to become a provisional member?

Accepted Answer

Form Y-4 signed by the nominee (all nominees, if more than one), a copy of the death certificate, the deceased member's share certificate, and an indemnity bond. The committee may also ask for identity and address proof and checks the nomination against its register. Rule 106C-6(1)(a) (2026) requires the nominee to apply in Form Y-4 "along with an indemnity bond indemnifying the society against any future claims regarding the shares or interest of the deceased member"; if there are several nominees, they make a single application. Form Y-4 itself recites the deceased's shares and flat, the date of death with "a copy of the death certificate enclosed", the nomination, an enclosure of the share certificate held by the deceased, and the applicant's undertaking to discharge present and future liabilities and abide by the Act, Rules and bye-laws. The draft 2026 bye-laws supply an indemnity-bond form (Form 17) and, for several nominees, a joint affidavit or declaration authorising one of them (dBL 30(a)). The committee verifies the nomination against the Register of Nominations and admits the nominee (dBL 30(a)(iv)). Entrance fee is not payable, because Rule 106C-4 excludes provisional members from the admission conditions. Keep copies of everything and obtain a dated acknowledgement.

Question 9

There is a registered nomination, but the committee insists on a succession certificate or probate before admitting the nominee. Can it?

Accepted Answer

No. Where a valid nomination is on record, the society must admit the nominee (as provisional member under the 2026 Rules) on the prescribed application and indemnity bond. Court certificates are needed only where there is no nomination and the claimants cannot agree, or for the final transfer to heirs. Section 154B-13 directs the society to transfer to "a person duly nominated in accordance with the rules", and its proviso, as reproduced by the Bombay High Court, requires the society to admit the nominee as a provisional member till the legal heirs are admitted. In Mahim Makarand CHS (2024) the Court dismissed a society's petition and held that once a person is nominated in accordance with the rules the society must admit the nominee by following the procedure; the society's arguments about succession certificates and unequal shares in the nomination did not help it (paras 5-6). In Vipul Fatechand Shah (2023) the Court directed admission of the nominee as provisional member pending the heirs' disputes (paras 22-24). Rule 106C-6(1)(e) calls for a heirship or succession certificate or letters of administration only where there is no nomination and the claimants disagree. If the committee still refuses, complain to the Deputy Registrar; the draft bye-laws list non-registration of nominations as a Registrar matter (dBL 190(A)(iv)).

Question 10

The flat is left to me by a will that has not been probated, and nobody disputes it. Can the society transfer the flat on the will?

Accepted Answer

Often yes in practice, but it depends. The Act lets the society transfer on 'testamentary documents', and the draft bye-laws list probate among accepted documents. Where no heir objects after public notice and an indemnity is given, many committees act on an unprobated will; if anyone objects, the society will ask for probate. Section 154B-13, as reproduced in Foresore CHS (Bom HC 2025), tells the society to transfer the deceased's share, right, title and interest "on the basis of testamentary documents or succession certificate or legal heirship certificate or document of family arrangement", or to the nominee. The draft 2026 bye-laws speak of a "Probate of a Will" among succession documents (dBL 32(a)) and bar the society from adjudicating any dispute over a succession document (dBL 32(f)). Whether probate is legally compulsory depends on the testator's community and where the will was made or the property lies (Indian Succession Act ss.57 and 213) — a question for an advocate. For the committee, a cautious course with an unprobated will is: publish a notice inviting claims (as for other death transfers), take an indemnity bond from the beneficiary, check the will's execution on its face, and require probate if any heir objects. The nominee, if any, is admitted provisionally first.

Question 11

What is the difference between a legal-heirship certificate, a succession certificate, probate and letters of administration, and which will the society ask for?

Accepted Answer

Probate proves a will; letters of administration let someone administer an estate (with or without a will) when there is no executor or no will; a succession certificate is issued for debts and securities; a heirship certificate declares who the heirs are. Under the 2026 Rules the society asks for one of these only when claimants cannot agree. These are court documents with different purposes. Probate is granted to an executor named in a will and proves it; letters of administration are granted where there is no executor or no will; a succession certificate under Part X of the Indian Succession Act covers debts and securities; a legal heirship certificate declares the heirs. Rule 106C-6(1)(e) (2026) tells the committee, where claimants to provisional membership do not agree, to call for "a legal heirship certificate or succession certificate or a letter of administration from the competent court"; Rule 106C-6(2)(e) similarly sends objectors to a family arrangement to obtain a heirship certificate or letters of administration. The draft bye-laws accept any of them, plus probate, court decrees and other lawful documents, for the final transfer (dBL 32). Which is quicker or suitable depends on the estate and whether there is a will; in Maharashtra heirship certificates are also issued by civil courts — confirm the right court and procedure with an advocate.

Question 12

The heirs are fighting in court and nobody has been admitted. Who pays the maintenance in the meantime, and can the society stop services to the flat?

Accepted Answer

The charges keep accruing against the flat and are recoverable from the deceased member's estate and whoever is admitted. The society may pursue recovery under the Act, but it must not cut water, electricity or other essential services. Admitting a nominee as provisional member gives it someone to bill. The society has a first charge on the member's shares and interest for its dues (s.154B-7; BL 73; dBL 71) and may recover arrears through the Registrar under s.154B-29. The estate of a deceased member remains liable (s.33, for the society's own debts; and the general law for his dues). The draft 2026 bye-laws say that outstanding dues of the deceased are not by themselves a ground to refuse a provisional member or the transfer to the heirs, while leaving the first charge intact (dBL 33(d)). The practical answer is to admit the nominee (or an heir by affidavit) as provisional member as soon as possible — the Bombay High Court has directed that even while heirs litigate (Vipul Fatechand Shah, 2023) — and bill him as the person the society deals with. The Form Y-4 applicant undertakes to discharge present and future liabilities. Disconnecting water or other essential supplies to force payment is not a remedy the Act gives; complaints about it go to the Deputy Registrar.

Question 13

The deceased member left arrears. Can the society refuse to admit the nominee or transfer to the heirs until they are paid?

Accepted Answer

No. Section 154B-7 of the Act makes payment of the society's dues a condition for a transfer to take effect, but it expressly excepts a transfer to an heir or a nominee. The draft 2026 bye-laws say the same in terms: the deceased's dues are not by themselves a ground to refuse. The society keeps its charge on the deceased member's share and interest (s.154B-14) and can recover the dues. Section 154B-7: no transfer of a member's share or interest or occupancy right, "except the transfer of his heir or a nominee", is effective unless the society's dues are paid and the transferee acquires membership. For lifetime and auction transfers the Bombay High Court has enforced the dues condition (Tanvis Diamoda CHS, 2025). On death, s.154B-13 directs the society to transfer to the persons entitled under testamentary or succession documents or to the nominee, and to admit the nominee (or, without one, the apparent heir) as a provisional member meanwhile. The draft 2026 bye-laws follow this: the committee checks dues "in every transfer other than a transfer consequent upon the death of a Member" (dBL 33(c)(v), draft), and the deceased's outstanding dues are "not, by itself, ... a ground for refusing" admission or transfer (dBL 33(d), draft). The dues do not disappear: s.154B-14 gives the society a charge on the share and interest of a deceased member for them, and the 2026 Form Y-4 makes the provisional member undertake present and future liabilities. Good practice: admit, send the new member a head-wise statement of the deceased's arrears, agree a payment schedule, and use s.154B-29 recovery if needed. A refusal on dues alone can be taken to the Deputy Registrar.

Question 14

What fees can the society charge when a deceased member's flat passes to the nominee or heirs?

Accepted Answer

No transfer premium. No entrance fee for admission as a provisional member. When an heir is finally admitted as a full member, the ₹500 entrance fee and share value under Rule 106C-4 may apply, and the cost of the newspaper notice may be recovered. The note to BL 37(e) (2014) exempts a transfer "to his nominee or his heir / legal representative after his death" from premium. Rule 106C-4 sets the conditions for admission "except associate or provisional member", so the ₹500 entrance fee and the value of five shares apply to a full member but not to a provisional one; because the deceased's shares are transferred, fresh share money is usually not needed — the heir takes over the existing shares. BL 34 lets the society recover the entire cost of the public notice from the value of the deceased member's interest. Recording a first nomination is free and later ones cost ₹100 (BL 31; dBL 28(f)). The bye-law fee schedules list no fee for processing a death transfer, so "succession charges" or "transfer processing fees" beyond these items are not authorised (compare BL 37(e)(ix)). The ₹500 transfer fee in BL 37(e)(vii) belongs to lifetime transfers.

Question 15

The nominee has been admitted as provisional member. How do the heirs finally get the flat into their names?

Accepted Answer

By producing one of the documents that decide title: a registered family arrangement (Form Y-5), a registered release deed by the other heirs, a probated will, a succession or heirship certificate, or a court decree. The society then admits the entitled heirs as members and the provisional membership ends. A provisional member ceases to be one "once the names of the legal heirs are entered on record" (Rule 106C-6(1)(f)), and he has no title and is not on the share certificate (106C-6(1)(g)). The routes to the final transfer are: (1) a duly registered deed of family arrangement among the heirs, filed in Form Y-5 with an indemnity bond, followed by a public notice and transfer if there is no objection (Rule 106C-6(2); dBL 31); (2) succession documents — probate, letters of administration, a succession or heirship certificate or a decree (dBL 32); (3) a registered release or relinquishment deed by which other heirs give up their shares to one of them, which the draft bye-laws accept as a title document (dBL 23(c)). On approval the society admits the transferee, records it in the Register of Members and Share Register, endorses or issues the share certificate, and the provisional membership ceases (dBL 31(f), 32(g)). Premium is not payable (BL 37(e) note).

Question 16

Should the heirs use a family arrangement deed or a release deed to put the flat in one heir's name?

Accepted Answer

Both work. A registered family arrangement (Form Y-5) is the route the 2026 Rules name expressly and suits a settlement of several assets among all heirs; the society must publish a notice and stop if anyone objects. A release deed suits a simple case where the other heirs give up their share in one flat. Stamp duty and tax differ — take advice. Rule 106C-6(2) (2026) describes the family-arrangement route: the heirs register a deed recording their terms, apply in Form Y-5 with an indemnity bond, the committee publishes a notice in two local dailies and on the notice board, and transfers if no claim or objection arrives in the prescribed time — otherwise it sends the heirs to court for a heirship certificate or letters of administration. The draft bye-laws define the arrangement as a duly stamped and registered settlement among the heirs (dBL 31(a) Explanation). A release (relinquishment) deed is a registered instrument by which an heir gives up his share; the draft bye-laws list it among title documents for admission (dBL 23(c)), and Rule 106C-4(b) accepts similar registered instruments. The Rules do not require the public notice for the release route, but a cautious committee will still publish one before the final transfer. The Maharashtra Stamp Act treats these deeds differently, especially between close relatives — check the duty before choosing.

Question 17

Does the deceased member's religion or personal law affect who gets the flat, and does the society have to apply it?

Accepted Answer

Yes, personal law (Hindu, Muslim, Christian, Parsi and so on) decides who inherits, unless there is a will. But the society does not apply it itself: it admits the nominee provisionally and then acts on the documents or court orders that settle title. Nomination under the co-operative law is not a mode of succession: the Supreme Court said so for company and depository nominations in Shakti Yezdani (2023), and the Bombay High Court for society flats in Ghatnekar (1981) and Rhea Parthasarathy (2025). Who ultimately takes the deceased's interest is governed by "the applicable succession law, testamentary disposition, registered family arrangement or any other legally valid document" (dBL 28(i)); s.154B-13 lists the documents on which the society acts. Different communities are governed by different laws — the Hindu Succession Act 1956, Muslim personal law, the Indian Succession Act 1925 for Christians and Parsis — and they differ on who the heirs are and how much can be willed. The society is not a court: it should not decide shares under personal law, and the draft bye-laws forbid it from adjudicating any dispute about a succession document (dBL 32(f)). Heirs who disagree should seek a declaration or partition from the civil court.

Question 18

A member has been missing for many years and nobody knows if he is alive. What can his family and the society do about the flat?

Accepted Answer

If his whereabouts are unknown for seven continuous years and nobody claims his shares, the bye-laws treat his membership as ceasing. For the family, the law presumes death after seven years without news, but a court declaration is usually needed before the heirs can claim the flat. BL 54(f) (2014) and dBL 55(f) (draft 2026) say a person ceases to be a member where his whereabouts are not known for a continuous period of seven years and no claim is made in respect of his shares and interest. Evidence law raises a presumption of death when a person has not been heard of for seven years by those who would naturally have heard of him (s.111 of the Bharatiya Sakshya Adhiniyam 2023, formerly s.108 of the Indian Evidence Act). Because the presumption does not fix the date of death and can be contested, heirs normally obtain a civil court's declaration and then use the succession routes (nominee as provisional member under Rule 106C-6, or heirs' documents). Meanwhile charges keep accruing and the society may recover them from the flat. The committee should minute the facts, write to the last known addresses, and not treat the flat as vacant property of the society.

Question 19

A member died and, after the public notice, nobody at all has come forward. Does the flat become the society's property?

Accepted Answer

The 2014 bye-laws say the deceased's shares and interest then vest in the society, but the 2026 Rules and the draft bye-laws do not repeat this. Treat vesting as a last resort: keep records of the notice, keep searching for heirs, and take legal advice before dealing with the flat. BL 34 (2014) ends: "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." Rule 106C-6(1) (2026) and dBL 30 describe the notice to heirs and the admission of a provisional member but say nothing about vesting when no one applies. In a flat-owners' society the member owns the flat under a registered agreement; the society's bye-law cannot by itself override the general law on property of a person who dies without heirs, which passes to the State by escheat. So a committee should: publish the Rule 106C-6 notice and keep the cuttings; write to any known relatives and the address on record; keep charges running in the member's ledger; minute every step; and seek an advocate's advice (and the Deputy Registrar's guidance) before taking possession, letting or selling the flat. Heirs who appear later can still claim.

Question 20

My wife and I are joint members. Can each of us nominate the other, and should we?

Accepted Answer

Yes. Each joint member files a separate nomination for his or her own share, and nominating each other is common. Consider naming a second person (for example your children) too, so that there is a nominee if both of you die together. Rule 106C-8(1) (2026) says: "In case of Joint members, separate nomination form shall be submitted for each member for their respective share." The draft 2026 bye-laws repeat this (dBL 28(b)) and let each nominator name several nominees in stated proportions (dBL 28(g)). Mutual nomination means that on the first death the survivor applies in Form Y-4 as nominee for the deceased's share and becomes a provisional member for it, while remaining a member for his or her own share. Because nomination confers no title (dBL 28(h)), the deceased's share still goes to his or her heirs or legatees, which may include the children; a mutual will, or wills in each other's favour, is what makes the survivor the owner. A common gap is a single nomination naming only the spouse, which fails if both die in the same accident; naming a child as a further nominee covers that. Each form is acknowledged by the Secretary and entered in the Register of Nominations (Rule 106C-9).

Question 21

I filed my nomination, but the Secretary now says there is no entry in the Register of Nominations. Is my nomination lost?

Accepted Answer

No, if you have the Secretary's acknowledgement. Under both the 2014 and the draft 2026 bye-laws, the acknowledgement is itself treated as acceptance or recording of the nomination. Ask for the register to be corrected; if the society refuses, complain to the Deputy Registrar. BL 31 (2014) says the Secretary's acknowledgement of a nomination "shall be deemed to be the acceptance of nomination", and BL 32 requires it to be placed before the next committee meeting and entered in the register of nominations within 7 days of that meeting. The draft 2026 bye-laws say the acknowledgement "shall be deemed to be acknowledgment of its recording by the Society" (dBL 29(c)), and that the society shall not refuse to record a nomination in the prescribed form (dBL 29(e)). Rule 106C-9 (2026) requires every nomination to be entered in the register kept under Rule 32. So the member's acknowledged copy is the key evidence. Steps: write to the Secretary enclosing a copy of the acknowledged form and asking for the entry to be made and an extract given; if that fails, file a fresh form (the first nomination is free); and complain to the Deputy Registrar, since non-registration of nominations is listed as a Registrar matter (dBL 190(A)(iv)). The Secretary's lapse may also be a breach of duty under the bye-laws.

Question 22

The society asks me, as nominee, to sign an indemnity bond. What am I promising, and am I personally liable if another heir sues?

Accepted Answer

You promise to make good the society's loss if someone else later successfully claims the deceased member's shares or interest because the society acted on your application. It does not make you liable for the other heirs' shares, but a false statement in it can expose you personally. Rule 106C-6(1)(a) and (2)(b) (2026) require an indemnity bond "indemnifying the society against any future claims" regarding the deceased member's shares or interest; BL 33-34 (2014) required the same. The draft 2026 Form 17 has the nominees or heirs declare their status and indemnify the society, its office-bearers and committee members, acknowledging that the society admits them in reliance on the declaration. Section 30(4), and now s.154B-13, protect the society when it transfers in accordance with the law, so the bond mainly covers the society's costs if its action is challenged. The bond does not make you owner, and it does not stop other heirs from claiming their share from you in the civil court — if they succeed, you must account to them for the flat, not merely to the society. Be accurate about the facts you declare (other heirs, a will, disputes); a false declaration is where personal liability bites. Read it with an advocate if the estate is disputed.

Question 23

How does transfer after a member's death differ between the 2014 bye-laws, the 2026 Rules and the draft 2026 bye-laws?

Accepted Answer

2014: the nominee became a full member but held the flat in trust for the heirs. 2026 Rules: the nominee becomes only a provisional member (Form Y-4), and a registered family arrangement route (Form Y-5) was added. Draft 2026 bye-laws: proportions among nominees, a succession-document route, and a rule that the deceased's dues are not a bar. 2014 (BL 31-36): nomination by member or associate member; nominee applies within six months; several nominees name one to be enrolled, the others enrolled as joint or associate; the nominee-member holds in trust till heirs are on record and may not alienate (BL 33 note); no nominee → notice within six months of learning of the death, affidavit among claimants, succession certificate if they disagree, vesting in the society if no claimant (BL 34). 2026 Rules (106C-6, 106C-8, 106C-9, in force 22 Jun 2026): the nominee (or an heir, after notice) is admitted only as a provisional member with no title and not on the share certificate; joint members nominate separately; family-arrangement transfer in Form Y-5 with notice and a stop on objection. Draft 2026 bye-laws (dBL 28-33): proportions (equal if silent); associate and provisional members cannot nominate; recording is not adjudication; transfer on probate, succession or heirship certificates, decrees; deceased's dues not a ground to refuse (dBL 33(d)). The Rules bind now; the draft is not yet law.

Question 24

My son is my associate member. When I die, does he take over my flat or membership because of that?

Accepted Answer

No. Associate membership ends on the death of the member who recommended it. Your son can take the flat only as your nominee (provisionally) and then as an heir or legatee under your will or the succession law, like anyone else. Rule 106C-5(ii) (2026) says an associate member ceases to be one "on the death of the original member", on the member's request for cancellation, or on the associate's own resignation or death; dBL 25(d) and 56(b)(vi) repeat this. An associate member's name is not on the share certificate and he has no title (dBL 4(xxi)(a); Form Y-5A). The draft bye-laws also bar associate members from making nominations (dBL 28(c)). This is a change from the 2014 bye-laws, where "associate member" meant the second-named joint owner, who did not cease on the first member's death because he held title (BL 3, 55). So if you want your son to succeed: nominate him (Rule 106C-8) so that he becomes provisional member on your death, and make a will or ensure the other heirs will sign a family arrangement or release in his favour. If you want him to be an owner now, the route is a registered gift of a share, making him a joint member.

Question 25

My father nominated me for his flat. After his death, do I become the owner of the flat?

Accepted Answer

No. A nominee is the person the society deals with after the death, not the owner. Ownership passes under the will, or under the succession law if there is no will; the nominee holds the flat for the benefit of whoever is entitled. Under the 2026 Rules the nominee is admitted only as a "provisional member". Section 30(1) tells the society to transfer the deceased member's share or interest to the nominee, and s.30(4) protects the society when it does so. But the courts have consistently separated the society's side from the family's side. The Bombay High Court in Gopal Vishnu Ghatnekar (1981) said the purpose of nomination "is to make certain the person with whom the society has to deal and not to create interest in the nominee to the exclusion of those who in law will be entitled to the estate" (para 6), and followed it in Ramdas Shivram Sattur (2009). The Supreme Court in Indrani Wahi (2016) held that the society must transfer to a valid nominee, but that this transfer has no bearing on title between the heirs, who may pursue their claims in the proper forum. In Shakti Yezdani (2023) the Supreme Court held that nomination, in company and depository law too, is not a third mode of succession. The model bye-laws say the same: a member admitted on the basis of nomination holds the flat "in trust" until all legal heirs are brought on record and may not create third-party rights (BL 33, note). Rule 106C-6(1)(g) (binding from 22 Jun 2026) says a provisional member has no right, title or ownership and is not named on the share certificate; dBL 28(h)-(i) repeat that nomination confers no title and that rights devolve by succession law, will, registered family arrangement or other valid document.

Question 26

A member has died. The nominee has applied, but another child objects. What should the committee do?

Accepted Answer

Process the nominee's application: the law directs the society to deal with the valid nominee, and doing so protects the society. Record the objection, tell the objector that ownership questions are for the civil court, and do not try to decide who owns the flat. Under s.30(1) and BL 33 the society transfers to the nominee who applies (within six months of the death under BL 33) with an indemnity bond. From 22 Jun 2026 the nominee is admitted as a provisional member on Form Y-4 with an indemnity bond; several nominees apply jointly (Rule 106C-6(1)(a)). Section 30(4) makes a transfer duly made under the section valid against any other claimant. The Supreme Court in Indrani Wahi held the society has no option but to transfer to a valid nominee, while leaving other family members free to pursue inheritance claims. So the committee should: check that the nomination was made in the prescribed form and recorded (BL 31-32; Register of Nominations); take the indemnity bond; admit the nominee as provisional member; minute the objection; and tell the objector in writing that title is decided by the civil court (declaration, partition, probate) and that the society will act on a court order. The committee must not refuse or delay admission to "wait for the family to settle"; that invites a complaint to the Registrar and, under dBL, a breach of timelines. An injunction from a civil court, if served, must of course be obeyed.

Question 27

What is a "provisional member", and what can a provisional member do?

Accepted Answer

A provisional member is the nominee (or an authorised legal heir) admitted temporarily after a member's death, until the legal heirs are brought on record. He represents the flat before the society but has no ownership, is not named on the share certificate, and stops being a provisional member once the heirs' names are entered. Rule 106C-6 (Maharashtra Co-operative Societies (Amendment) Rules 2026, in force from their Gazette publication on 22 Jun 2026) created this class for housing societies. The nominee applies in Form Y-4 with an indemnity bond (106C-6(1)(a)); where there is no nominee, the society invites legal heirs by notice and the committee may admit one of them as provisional member (106C-6(1)(b)-(d)). A provisional member "shall not have any right, title or ownership" and is not entered on the share certificate (106C-6(1)(g)), and ceases to be one when the heirs are on record (106C-6(1)(f)). The draft 2026 bye-laws add that he may exercise only the rights the Act, Rules and bye-laws expressly give (dBL 30(c)(v)) — for example paying charges and dealing with the society about the flat. Whether a provisional member can vote in general meetings or stand for the committee depends on Chapter XIII-B and the bye-laws finally adopted; treat it as unsettled until the final 2026 bye-laws are issued. The 2014 bye-laws had no provisional class: the nominee became a full member but held the flat in trust (BL 33 note).

Question 28

A member died without making a nomination. How do the heirs get the flat transferred?

Accepted Answer

The society publishes a notice inviting claims from the legal heirs, in two local newspapers and on the notice board. The heirs apply with an indemnity bond; if there are several they agree by affidavit on who is to be admitted. If they cannot agree, the committee asks for a legal-heirship or succession certificate, or letters of administration, from a court. Rule 106C-6(1)(b)-(e) (2026): where there is no nomination or no nominee comes forward, the society invites applications from the legal heirs by notice in at least two widely circulated local dailies and on the notice board; after inquiry the committee may admit a legal heir as provisional member on Form Y-4 with an indemnity bond; with several claimants, an affidavit names the one to be admitted; failing agreement, the committee calls for a legal-heirship certificate, succession certificate or letters of administration. BL 34 (2014) has the same scheme (notice within six months of learning of the death; costs of the notice recovered from the deceased member's interest), and adds that if no one claims, the interest vests in the society. The committee decides only who appears to be the heir for the society's purposes (s.30(1)); ownership disputes go to the civil court. Practical points: record the date the society learned of the death; publish promptly; keep the newspaper cuttings and the notice-board copy as evidence; minute the committee's inquiry and reasons.

Question 29

The heirs have signed a family arrangement giving the flat to one of them. Can the society transfer on that basis?

Accepted Answer

Yes, if the family arrangement is a duly registered deed. The heirs apply in Form Y-5 with the deed and an indemnity bond; the society publishes a notice inviting objections and, if none comes in, transfers the flat as the deed says. If someone objects, the society must not transfer and will ask for a court heirship certificate or letters of administration. Rule 106C-6(2) (2026) introduced a transfer route based on a registered deed of family arrangement among the legal heirs of a deceased member or joint member: (a) the heirs execute and register the deed; (b) they apply in Form Y-5 with the deed and an indemnity bond; (c) the committee immediately publishes a notice in two local dailies and on the notice board inviting claims; (d) if no claim or objection is received within the time prescribed, the committee may transfer the share, right, title and interest as per the deed; (e) if a claim or objection is received, the committee shall not transfer and informs the heirs to obtain a legal-heirship certificate or letters of administration from a competent court. The objection period is "prescribed" but the Rule itself does not state it; follow the society's bye-laws or the final 2026 bye-laws. An unregistered family settlement or a mere affidavit is not enough for this route.

Question 30

How do I make or change a nomination, and can joint owners nominate separately?

Accepted Answer

Fill in the society's prescribed nomination form, sign it and hand it to the Secretary during your lifetime; the Secretary's acknowledgement is proof. The first nomination is free and each later change costs ₹100. Each joint member files a separate nomination for his or her own share. Rule 106C-8 (2026): a member or joint member may nominate one or more persons for provisional membership in the form in the bye-laws, signed and submitted during the member's lifetime; joint members submit separate forms for their respective shares; a nomination is revoked or varied by a fresh form. Rule 106C-9: nominations, revocations and variations are entered in the register kept under Rule 32. The 2014 bye-laws: acknowledgement by the Secretary is deemed acceptance; no fee for the first nomination, ₹100 for each revision; placed before the next committee meeting and entered in the Register of Nominations within 7 days of that meeting (BL 31-32). The draft 2026 bye-laws let the member state proportions among several nominees (equal if silent) and bar associate and provisional members from nominating (dBL 28). Tip for members: a nomination does not replace a will (nomination_succession-007). Tip for the Secretary: never refuse to record a nomination submitted in the prescribed form (dBL 29(e)).

Question 31

I have nominated my son but my will leaves the flat to my daughter. Which one wins?

Accepted Answer

The will decides who owns the flat; the nomination only decides whom the society deals with first. Your son, as nominee, would hold the flat for your daughter. To avoid a dispute, make the nomination match the will, or tell the society about the will. Courts treat nomination as a device for the society's convenience, not a way of passing property: Ghatnekar (Bom HC 1981), Ramdas Sattur (Bom HC 2009), Indrani Wahi (SC 2016) and, for shares and securities, Shakti Yezdani (SC 2023). The draft 2026 bye-laws say the deceased member's rights ultimately devolve under succession law, a testamentary disposition, a registered family arrangement or another legally valid document (dBL 28(i)). In practice the society will first admit the nominee as provisional member (Rule 106C-6); the daughter then produces the will — with probate where the law requires it — and applies for transfer. Whether probate is compulsory depends on the testator's community and where the will was made (Indian Succession Act s.213 and s.57); that is a question for your advocate.

Question 32

Can the nominee (or provisional member) sell, rent out or mortgage the flat before the heirs are on record?

Accepted Answer

No to selling or mortgaging: a nominee holds the flat for the heirs and may not create third-party rights. A committee should not register a transfer from a provisional member. Letting it out pending succession should be done only with the heirs' written consent. BL 33 note (2014): a member admitted on the basis of nomination holds the flat in trust until all legal heirs are brought on record, has no ownership, and shall not create third-party interest or alienate it "in any way whatsoever". Rule 106C-6(1)(g) (2026): a provisional member has no right, title or ownership and is not on the share certificate, so he has nothing of his own to transfer. The case law (Ghatnekar; Ramdas Sattur) treats the nominee as holding for those entitled under succession law. If the heirs agree that one of them should take the flat, the route is a registered family arrangement (Rule 106C-6(2)) or a release deed, followed by transfer — not a sale by the nominee. Letting the flat on leave and licence is not expressly dealt with; because rent belongs to the estate, the prudent course is the heirs' written consent, with the usual intimation to the society (tenants_leave_licence-001).

Question 33

Instead of taking the flat, can the nominee or heir ask the society to pay out the value of the deceased member's interest?

Accepted Answer

Yes, the Act allows it. The society then acquires the share and interest and pays its value, worked out under the rules — to the nominees in the proportions in the nomination (equally if none is stated) or to the heirs after an indemnity bond. In a flat-owners' society this is rare, since members own their flats. Section 30(2) lets the nominee, heir or legal representative require the society to pay the value of the deceased member's share or interest, ascertained under the Rules, and s.30(3) lets the society pay other moneys due. BL 35-36 set out how the society acquires the interest and pays under BL 63 (nominees in the stated proportions or equally; heirs after the indemnity bond). In a flat-owners' society the member's flat is bought from the builder and passes by succession, so a pay-out usually covers only the share capital and any deposits; the flat itself goes to the heirs or is sold by them.

Question 34

The only heir is a minor. Can a child be admitted to the society?

Accepted Answer

Yes. A minor (or a person of unsound mind) who inherits, or is nominated, can be admitted through a guardian or legal representative who signs the application and undertakings. The second proviso to s.30(1) says nothing in s.30 or s.22 prevents a minor or person of unsound mind from acquiring a deceased member's share or interest by inheritance or otherwise. BL 17(b) (2014) and dBL 22(b) allow admission through the guardian or legal representative on the prescribed application with undertakings. Any later sale of a minor's interest may need court permission under guardianship law — take advice before the society registers such a transfer.

Nomination & successionनामनिर्देशन व वारसा