My father expired in 2001 and he nominated my brother for the flat. I had read bye-laws of hsg co op

396 votes

Being a nominee does not entitle someone for the right in the property, as nomination does not give the right away. As you rightly said the nominee is only a trustee. What you need to do is talk to your brother and apply for joint membership in the Hsg. society. You being the legal heir of your father have one equal share with any other heirs. If your brother is not willing to give the share in your father's property your remedy is to approach a civil court and file a suit for partition. Shares and membership in the Hsg. Society can be transferred only with the consent of all the legal heirs. The procedure as you know is by applying for the membership as per the society bye laws in the prescribed format, by obtaining NOC from all legal heirs. In your case if you and your brother alone are the legal heirs, you need his NOC to get the membership and shares transferred in your name.

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