What the society actually transfers
In a co-operative housing society, the member holds shares in the society and the right to occupy the flat that comes with them. On a member's death, the society transfers that share and interest under section 30 of the Maharashtra Co-operative Societies Act, 1960, and its bye-laws.
If there is a nominee
If the member filed a nomination with the society, the nominee applies to the society for transfer. The society transfers the share and interest to the nominee.
A nomination does not by itself make the nominee the owner. The nominee may hold the flat for the benefit of the legal heirs, or of the beneficiaries under a will. Families sometimes assume otherwise, and that is a common source of disputes later.
If there is no nominee
The society transfers the share to the person or persons it is satisfied are the heirs or legal representatives. Where several heirs are entitled, they can hold it jointly, or the others can give up their share in favour of one heir by a registered release deed.
Documents the society usually asks for
- An application in the form prescribed by the society's bye-laws
- Death certificate of the member
- The original share certificate
- Copy of the nomination, if one was filed
- Where there is no nomination: proof of who the legal heirs are, such as an affidavit, and no-objection letters or a registered release deed from the other heirs
- An indemnity bond protecting the society against later claims
- Where there is a will: a copy of the will, and probate if the society or the facts require it
When the society asks for probate or a succession certificate
If the heirs disagree, if the will is challenged, or if the society cannot be sure who is entitled, it may refuse to act on affidavits alone and ask for probate, letters of administration or a succession certificate. Getting the heirs to agree in writing at the start is usually the quickest route.
After the society transfers the flat
- Get the share certificate endorsed in the new name
- Update the property tax and electricity records
- If one heir is taking the whole flat, make sure any release deed is properly stamped and registered before relying on it
- Keep all of these papers together: a buyer's advocate will ask for them when the flat is sold
This article is general information about the law in Maharashtra as of October 2026. It is not legal advice, and the right course in any case depends on its facts.