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Can both the nominees name be mentioned in share certificate


11-Jan-2023 (In Property Law)
Flat transfer to more than one nominee If 2 persons are nominated by member and if both nominees wants their name to be mentioned in the Share Certificate on the death of member, what is the way out as only one can be admitted as member. Second nominee cannot even be appointed as Associate as the first named nominee himself does not have right, title and interest in the property as he is merely a trustee. As per MCS Act, as amended in 2014, to be an associate member he should be a part owner having right, title and interest in property, which will be absent in this case.
Answers (2)

Answer #1
877 votes
1. Firstly , You read recent reference -

Nomination in Housing Societies in Maharashtra -

Subject to Co-operative Societies & Limited to Maharashtra State Jurisdiction , only

( Reference Section 30 r/w Rule 25 r/w model bye-law No. 32 to 37 , Under Maharashtra Co-operative Socities & Rule MCS Act )

2. Read about Nominees carefully , merely on the basis of filing nomination form a nominees is not subject to everything to tackle all the situations read above reference No.1 .

It helps & wants more than you need to know !

Answer #2
682 votes
You need to apply for legal heir certificate. This can be done by applying at Tehsildar office or revenue office as per your jurisdiction. Once you have it then anyone of the person's name can be scribed as legal heir certificate will supersede actual share in property.

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