Hi My uncle was owing a flat in a co-operative society. Uncle was single and had kept me (nephew) as the only Nominee. Q1. What process and documentation I need to follow with society to claim the membership and get the title transferred to my name? Which all appendix? Q2. After I claim the rights as trustee/member of the society as per Q1, what documentation we need to follow if we have to sell the flat? While uncle was single and his mother and father (my grand parents) have passed away, Uncle had 8 siblings other than him (Living -2 brothers and 4 married sister , Passed away 1 brother and 1 sister).
1) apply to society to transfer flat in your name
2) enclose death certificate of deceased uncle
3) copy of nomination form in your possession
4)
Undertaking on Rs.100/- Stamp Paper to use the flat for
the purpose for which it is allotted Form No. 4
5)
Indemnity Bond on Rs. 200/- Stamp Paper duly
Notarized [as per Form No19-B
1. Title of flat will be transferred to by society without any further formality. You need to establish only you id. 2. You can sell the flat as any owner is entitled. Any other legal heirs cannot seek any share in the property of nominee.
1. The society should give you the relevant forms. However under no circumstances the title to the flat will be transferred to you as you are merely a nominee
2. For selling the flat you will need the NOC of all the siblings of your uncle who were alive at the time of his death. I assume his parents predeceased him.
Dear Sir
Later, you may transfer the property by registering with the registrar which needs attestation and signature of two witnesses.
Thank you
1. As a nominee you can just be a trustee to the property left behind by the deceased owner and not become a owner of the property.
You may have to disburse the same to the legal heirs of the deceased.
2. You cannot acquire the title to the property as a nominee.
There is a general perception, that the nominee becomes the owner of the asset, once it is transferred in his name or is handed over to him. However, the rule is subject to a few exceptions, that the nominee becomes a trustee to hold the property on behalf of the legal heir.
The Supreme Court, in the case of Sarbati Devi, which was decided in 1983, held that the nominee is a trustee of the property and is liable to hand it over to the legal heirs.
The siblings of the deceased owner are the class II legal heirs eligible/entitled to succeed to the estates of the deceased owner.
- As per Co-operative Societies Act, A member can nominate a person or persons to whom his share and interest in the co-operative society will be transferred by the society in the event of his death.
- Further, A member would cease to be a member of a society on death. However, his holding and other interests do not lapse, but they pass on to his heirs or legal representatives.
- Further, the society is bound to transfer the share or interest of the deceased member to a person/s nominated, and if no such person is nominated then the committee of the society shall transfer it to such person as may appear to the committee to be the heir or legal representative of the deceased member.
- And further, the purpose of nomination is to make clear the person with whom the society has to deal upon the death of a member, and It does not create any interest in favour of the nominee, to the exclusion of those who are in law entitled to the estate of a deceased member.
- Further, the said nominee does not become the absolute owner of the property, and he is only empowered to hold the property in trust for the real owners for the purpose of dealings with the society, and further he has no power, authority or title to alienate the property to the exclusion of the other legal heirs of the deceased member.
- Since, your uncle was single , then his brother and sister can claim right over the said flat in the absence of class 1 legal heirs.
1.You shall have to submit an application before the Society attaching the death certificate of your Uncle asking them to cancel the share certificate of your deceased Uncle and issue it afresh in your name.
2. You shall have to attach the original share certificate issued in your Uncle's favour along with the said application.
3. Thereafter you shall be able to reside in that house though the title of the said flat will not be conveyed to you by virtue of your being the Nominee of the Flat of your Uncle.
1. Nominee is just a trustee of all legal heirs who is under a duty to ensure that property is divided among the legal heirs. You don't get the absolute title to the property unless you are the sole surviving legal heir of your uncle.
2. You have not mentioned whether any of the siblings/off springs of siblings of your uncle is alive.
Opposite to popular belief, a nominee is just a trustee to the property and does not become owner of that property.
1. The society will give you all required forms.
It is only formality because the title to the flat will NOT be transferred to you since you are only a nominee.
2. Since class I legal heirs are not there hence remaining siblings class II legal heirs of the deceased owner are there. They are entitled to succeed the property of the deceased owner.
A.1 As you are based in Maharashtra, You have to make an application as per the Model Byelaws of Cooperative Housing Society, Maharashtra . -Appendix 15
Undertaking will have to be given as per Appendix 3 on Rs. 100 stamp paper
Indemnity bond on Rs.500/-stamp paper as per Appemdix 18 although you are single nominee.
Please attach your Uncles death certificate, the original share certificate and your nomination certificate.
Society will verify the above and transfer the shares and membership to your name.
A2. As a nominee you hold the property in trust for other heirs. Society is not responsible for succession issues. You will need the other heirs to give a release deed in Your favour and only then legally you are entitled to sell the said flat.
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If he has made you a nominee then you have to present yourself before the society and give your credentials and prove that you are the nephew. The society will perform the necessary paperwork.
