When a flat owner passes away without leaving behind a will, the transfer of ownership can become confusing for the surviving family members. Even if nominees are already registered with the housing society, additional legal documentation is often required. In this case, a widow and her daughter—both registered nominees—were asked by the society to submit an heirship certificate to transfer the flat into their names. There was also confusion regarding stamp duty payable on the certificate.
Nomination vs. Legal Ownership
A common misconception is that nomination automatically transfers ownership. In reality, nomination does not create ownership rights; it only authorizes the nominee to manage and safeguard the property until the rightful legal heirs are identified.
Therefore, societies are correct in requiring an heirship certificate, succession certificate, or a family arrangement to establish legal ownership and update society records accordingly.
Legal Requirement After the 2019 MCS Act Amendment
The Maharashtra Cooperative Societies (MCS) Act was amended in 2019, permitting societies to transfer flats based on:
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A succession certificate,
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An heirship certificate, or
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A family arrangement document signed by all legal heirs.
These documents help societies avoid disputes and ensure that the property is legally transferred to the rightful claimants.
Major Relief: Government Reduces Costs for Heirship-Related Filings
A key update came via Government Notification dated August 9, 2024, which significantly reduced the fees involved.
Earlier, heirs filing for probate, letters of administration, or heirship certificate had to pay up to Rs 75,000 in fees.
The revised limit is now only Rs 10,000, especially applicable to widows for documents covered under Article 10 of the First Schedule of the Maharashtra Stamp Act.
This means:
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You do not need to pay stamp duty based on the current market value of the flat.
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You only need to pay the maximum capped fee of Rs 10,000 to obtain the heirship certificate from the city civil court.
This major reduction ensures that widows are not burdened financially during an already difficult time.
Provisional Admission by the Society
While you apply for the heirship certificate, the society has the option to admit you and your daughter as provisional members.
This is allowed under Maharashtra cooperative housing norms and ensures you can continue to participate in:
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Society meetings
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Voting (if permitted)
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Day-to-day matters relating to the flat
Once the legal documentation is submitted, the society will convert your status to regular members.
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File an application in the appropriate court for heirship certificate.
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Pay the revised maximum fee of Rs 10,000.
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Submit the receipt and application copy to the society.
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Request provisional membership until the certificate is issued.
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On receiving the heirship certificate, complete the transfer formalities in the society’s records.
Conclusion
You are not required to pay stamp duty based on the current market value of the flat. Thanks to the 2024 notification, the cost has been significantly reduced, and widows now need to pay only up to Rs 10,000. Meanwhile, the society can provisionally admit you and your daughter until final documents are produced. This streamlined process ensures rightful transfer without excessive financial burden.
