What a nomination does
Co-operative societies let members nominate someone to receive their share and interest in the society after death. In Maharashtra this comes from the Maharashtra Co-operative Societies Act and the society's bye-laws. On your death, the society can transfer the share to the nominee, which is how it keeps its own records straight.
Why the nominee is not the owner
Courts have repeatedly held that a nominee is not the owner against the legal heirs. The Bombay High Court has said so for society flats, and in Shakti Yezdani v. Jayanand Salgaonkar (2023) the Supreme Court held the same about nominations for shares and securities: nomination does not override succession law. The nominee holds the property for whoever is entitled under the Will or, if there is none, under succession law.
Make them point the same way
The simplest way to avoid a dispute is to make your nomination and your Will agree. If you want your daughter to have the flat, nominate her and leave it to her by Will. If you want it shared, say so in the Will and choose a nominee who will carry that out.
How to describe the flat
In your Will, name the society, the building, the flat number and the share certificate number. In a society, what you own is the share plus the right to occupy, so "my flat" on its own is not enough.
If the building is under redevelopment, say expressly that the Will covers your rights under the development agreement, including the new flat.
Frequently asked questions
Does the society nominee become the owner of the flat?
No. Courts have held that the nominee does not become the owner against the legal heirs. The Will, or succession law, decides ownership.
Do I need both a nomination and a Will?
Yes. The nomination helps the society transfer the share; the Will decides who owns it. Make them agree.
What if my building is being redeveloped?
Say in your Will that it covers your rights under the development agreement, including the new flat.
General information, not legal advice.
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