When a housing society member passes away without making a will, the transfer of membership becomes a sensitive yet legally important matter. The process involves nomination, legal heirship, and sometimes execution of release deeds. If the society is undergoing redevelopment, completing the transfer process becomes even more urgent to ensure that the rightful person is recognized as a member for redevelopment benefits.
Nomination and Provisional Membership
As per cooperative housing society bye-laws, when a member makes a nomination, the nominee can be admitted as a Provisional Member upon submitting an application to the society. However, nomination does not grant absolute ownership; it only allows temporary membership rights until legal succession is settled.
Legal Heirship in the Absence of a Will
If the deceased member did not leave behind a will, succession laws apply. In such cases:
-
A Succession Certificate or Heirship Certificate may be required from the court.
-
This process can take time and may delay redevelopment-related benefits.
Option of a Release Deed
In your case, your father nominated your mother and yourself, and you also have two sisters. If your mother and sisters (including the married and unmarried one) are willing to relinquish their rights in your favor, they can execute a Registered Release Deed in your name. This will simplify the process by giving you clear ownership rights.
The steps would include:
-
Drafting and registering the Release Deed before the sub-registrar.
-
Submitting the registered deed along with the membership transfer application to the society.
-
Providing supporting documents such as death certificate, share certificate, nomination form, and ID/address proofs.
Timeline Consideration in Redevelopment
Since the society has given only three months to complete the membership transfer process, executing a Release Deed from all legal heirs is the fastest and most effective way. This avoids lengthy court procedures and ensures that the society can legally recognize you as the sole member.
Documents Required for Transfer of Membership
-
Application for transfer of membership
-
Death certificate of the deceased member
-
Copy of nomination form
-
Release Deed from mother and sisters (if applicable)
-
Original share certificate for endorsement
-
Identity and address proofs of all legal heirs
Conclusion
In the absence of a will, nomination alone is not enough for absolute ownership. To complete the membership transfer smoothly within the short timeline given by the society, the best course is to obtain a Registered Release Deed from your mother and sisters. This will allow the society to legally transfer the membership and ensure redevelopment benefits are not delayed.
