1. A party cannot be share holder and nominee at the same time.
2. Daughter can be added as successor through will or can be made a nominee. A nominee will be successor of the property as per law laid down by SC in Indrani’s case.
3. After you, it will be your wife who can decide succession. You can create only life interest in favour of wife through will and after her bequeath the property to daughter.
4. Name daughter as nominee creating life interest in favour wife. This is the easiest way to give shape to your intentions.

You can fill in nomination form for your 50 per cent share in flat in wife name 

2) you have to execute will bequeathing your share in flat in daughter name in the event your wife predeceases her 

3) nominee is trustee for legal heirs 

An associate member of a housing society can be nominated as a person to receive the shares and interest of the member in the society's property in the event of the member's death. 

 To nominate someone, the member or associate member must: 

 Be a member of the housing society 

 Be mentally fit and over the age of 18 

 Fill out a nomination form and submit it to the society office 

 The nominee is not the owner of the property, but holds it in trust. The property can then be transferred from the nominee to the actual owner. 

1. Yes, an associate member can be nominated as nominee 

2. To add your minor daughter as a nominee or successor, you can mention her name in the nomination form.

- Further, as she is a minor then her share should be manage by a guardian , however a nominee cannot claim ownership over the entire property 

- You can write a Will in favor of your wife after mentioning that she will inherit your share of the property as single owner of the property , and after her demise the property would be devolved upon daughter. 

4. You can submit the said Will before the society and with the nomination form. 

1. Your wife who is a co owner will be added as a joint member and not as an associate member 

2. You can make your wife a nominee as regards your 50% share in the flat 

3. After your demise your wife cannot become the 100% owner since your 50% share in the flat will go to your wife and your daughter (assuming they are your only heirs). Only in case of your daughter releasing her share (which she would have inherited from you) in favor of your wife, would she become the exclusive owner 

4. Please note that a nominee only holds the property in trust for the deceased member and does not automatically become the owner of the property upon demise of the owner/member 

5. You can very well make a Will in respect of your 50% share in the flat in favor of your wife but in all likelihood the society will require such a Will to be probated. 

6. There is also a possibility of your wife predeceasing you in which event you and your daughter will inherit your wife's 50% share. 

7. Your requirement of your daughter succeeding to the flat after you and your wife die, is practically not possible, unless both of you die together. So when one spouse dies before the other, the daughter will inherit from the share of the deceased spouse and thus she cannot be excluded until after the demise of both spouse,  unless both of them die together. 

Dear Client,

Herein, you have jointly purchase a flat with your wife, naming her as the co-owner in the New Co-operative housing society in Mumbai. Now, you have to fill the membership form and the nominee form, wherein, you want your wife's name to be added as an associate member, who will jointly hold the shareholding of the society with you. Further, you also want to add her name as the nominee in the nomination form. With regard to your first query on whether an associate member can be nominated as a nominee of the original member in a cooperative housing society, yes, the same can be done. It can be duly filled in the nomination form. With respect to your second query, as to whether and how your daughter's name of age 17 years can be added as a successor or a nominee, in case of your and your wife's death, though you can nominate your daughter's name, but however, the rights on the same will transfer after she reaches the age of majority, i.e., 18 years of age. The Society, may also require a guardian's name to be appointed for the management of her interest in the property, until she reaches the age of majority. With respect to your third query, to nominate your wife as the sole owner after you, you can specify the same in the nomination form, as your wife being the primary nominee, and your daughter being the successor of the property, when both you and your wife are not present. For your fourth query, since you have prepared a will, it is suggested that your will outlines the transfer and the shares to be held by your wife and daughter being clearly stated as you wish. Further, it is better if your will is registered, as the same may add an advantage on your will being considered legally valid.

Hope you find this answer beneficial for resolving the dispute.

1. There is no original member or duplicate member in the Society. You both will be members of the Society, you being the 1st member. Co-member/owner can not be the Nominee of the flat. She is the C-owner.

2. You both can make your daughter as the Nominee of the Flat.

3. You both can execute  Wills bequeathing both of your shares in favour of your daughter and in case of both of your demise, your daughter will be the owner of the said flat and member of the said Society.