It is one of the most common misunderstandings we see in Mumbai: a parent passes away, one child was named as nominee in the housing society’s records, and that child assumes the flat is now theirs alone. The other heirs often assume the same thing — until a sale or a redevelopment forces the question.
What nomination does
Under the Maharashtra Co-operative Societies Act, 1960 and the society’s bye-laws, a member can nominate a person to whom the society may transfer the member’s share and interest after death. Nomination protects the society: it can deal with the nominee and update its records without waiting for a court.
What nomination does not do
Nomination does not override the deceased member’s will, or — where there is no will — the succession law that applies to them. The nominee holds the flat, in effect, for the benefit of whoever is legally entitled to it. Courts have said so repeatedly.
How families settle it cleanly
- If there is a will, it governs. For wills within Mumbai’s original civil jurisdiction, probate may be required before the executor can rely on the will in court.
- If there is no will and the heirs agree, the other heirs can execute a registered release deed in favour of one of them. That document — not the nomination — is what a buyer’s advocate will want to see.
- If the heirs do not agree, the matter may need a succession certificate, letters of administration, or a partition suit.
Why it matters most during redevelopment
A redevelopment agreement and a new PAAC will be signed in someone’s name. If ownership of a flat is unsettled, the developer and the society will — rightly — insist that it be sorted out first. Doing it before the general body votes saves months.
This note is general information, not legal advice. Succession depends on personal law and on the documents in each case; speak to an advocate before acting.
