Nominee vs Legal Heir: Who Really Gets Your Mumbai Society Flat?

A nominee in your housing society is not automatically the owner of your flat. What the Supreme Court has said, and why a will matters as much as a nomination.

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Many owners fill in the society nomination form, name a child or spouse, and assume the flat will go to that person. It's one of the most common, and most expensive, misunderstandings in Mumbai property.

Does a nominee become the owner of a society flat?

Not automatically. As summarised by NoBrokerHood, two Supreme Court decisions frame the position:

In Indrani Wahi v. Registrar of Co-operative Societies, the Court held that a society cannot hold up or reject transferring membership to the nominee just because it doubts the succession.
In Shakti Yezdani v. Jayanand Salgaonkar, the Court held that nomination is not a third way of inheriting, alongside a will and the law of succession. Being a nominee does not let someone override the legal heirs.

Put simply: the society transfers the share certificate and membership to the nominee so it can deal with someone. Who ultimately owns the flat is decided by your will, or, if there isn't one, by the succession law that applies to you.

So why nominate at all?

Because it keeps the society side moving. Without a nomination, the society usually asks for more paperwork from the heirs before transferring membership. With one, there's a clear person to deal with while the family sorts out ownership.

What happens when the nominee and the heirs are different people?

The nominee holds the membership, but the heirs can claim their share of the flat under the will or succession law. That's where disputes start, especially when one sibling is the nominee and another isn't.

A nomination tells the society who to call. A will tells your family who owns the flat. You need both.

How to make sure your flat goes where you intend

Make a will that clearly names who gets the flat. Keep it consistent with your nomination.
File a nomination with the society and keep the acknowledgement.
Tell your family where the will and property papers are.
Remember probate. For a will dealing with immovable property in Mumbai, probate is generally needed before the society and registration authorities will act on it. See our post on transferring a flat after a death.
Consider a gift if you want to transfer the flat during your lifetime. Read about the Rs 200 gift deed stamp duty.

What this means for you

Owners: check that your nomination and your will say the same thing.
NRI owners: distance makes disputes harder. Keep originals safe and copies accessible; for flats we manage, documents sit in the TND app.
Families: a nominee should treat the flat as held for the heirs until ownership is settled.

A furnished living room with marble flooring in a managed Mumbai flat — Looking after a family flat from abroad? See NRI property services.

Frequently asked questions

Is the nominee the owner of a housing society flat?

No. The society transfers membership to the nominee, but ownership is decided by the will or the applicable succession law.

Can a society refuse to transfer a flat to the nominee?

The Supreme Court has held that a society cannot hold up or reject the transfer of membership to the nominee just because it doubts the succession.

Do I need a will if I have a nominee?

Yes. Nomination is not a way of inheriting. A will is what decides who owns the flat.

Related reading

Want a second look at your family's property paperwork? Book a video call or WhatsApp me.

Warmly,
Yanik

General information, not legal advice. Please consult an advocate about your family's situation.

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