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Transfer from nominee to ownership status what is the remedy.
13-Jun-2026 (In Property Law)
We are four unmarried brothers staying together. All are senior citizens and are staying at the same place since last 53 years. Our father expired in 2008 and he had nominated all four of us with 25% share. The society has noted down the same in records and has made all four of us as npminees.
What should be done so that all four of us are members and not nominees?
Revert please.
Thanks in advance.
You may need to apply to the society for admission as joint members/co-owners based on the ownership documents and your father's succession records, as nomination alone does not confer ownership rights. I can help you with the legal process, documentation and society application required to regularize all four brothers as members.
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Adv. Riddhi Pratap Bothara
Pune | 5+ Answers
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Nomination does not confer ownership. All four brothers should obtain a legal heirship/succession certificate and apply to the society for transfer of membership jointly in equal 25% shares as per the concerned provisions of law.
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Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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Your will have to make an application to the society to make one amongst you as the primary member and others as secondary member or associate members. Remember as per law the soc is obliged to make only one as primary member so that all communications are addressed to him. For further details pls call
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Adv. Ajit Rameshchandra Powar
Pune | 25+ Answers
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If you want to get the flat transferred in all of the 4 brothers you need to file for letter of administration and get the property divided equally among all the brothers, in the share certificate which is issued by society answer is being done only for the share certificate of the society, the property will be still in the name of your father and in the land records if you want to change it in government records and society records, you will need to get a letter of administration without a WILL, under Indian succession act to divide it among yourself
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Adv. Moksh Jain
Mumbai | 100+ Answers
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A nominee is only a trustee or representative for the legal heirs and does not automatically become the absolute owner of the property. If all four brothers are the legal heirs and each is entitled to a 25% share, it is advisable to have the property transferred in the names of all four brothers through the appropriate succession documents and by making an application to the society for admission as joint members/co-owners.
The exact procedure will depend upon the society records, share certificate, nomination details, and whether any probate, succession certificate, or legal heirship documents are required. Kindly share copies of the share certificate, nomination form, and society correspondence for a detailed legal opinion.
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Adv. Sanket Ganpat Khamkar
Navi Mumbai | 5+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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