Several Legal Heirs and No Agreement: What Happens to a Co-op Flat in West Bengal?
06 Nov 2026
Quick answer
Co-op flat in New Town after your father's death: When a member of a New Town housing co-operative dies, the society transfers his share or interest under Section 70 of the West Bengal Co-operative Societies Act, 2006: to the nominee, if there is one; otherwise to the person who appears to the Board to be entitled, on production of probate, letters of administration or a succession certificate. An heir who is a nominee can be admitted as a member (Section 92(3)). Being admitted by the society does not by itself settle ownership among brothers and sisters; that is a question of succession law. After the society's transfer, the new member applies to NKDA for mutation.
Key points
- First find out whether your father made a nomination: ask the society for an extract of the register of nominees.
- With a valid nomination, the society must transfer to the nominee (Section 70; Supreme Court in Indrani Wahi, 2016).
- Without one, the Board can ask for probate, letters of administration or a succession certificate.
- The nominee is not automatically the sole owner: other legal heirs keep their rights under succession law.
- The flat cannot be partitioned between heirs (Section 92(3)); heirs agree among themselves or the flat is sold.
The three routes in Section 70
| Situation | Who the society transfers to | What it asks for |
|---|---|---|
| Father nominated someone | The nominee | Death certificate, nominee's application, ID; the society checks its nominee register |
| No nominee, the nominee cannot be found, or does not claim within one year | The person who appears to the Board to be entitled | Probate, letters of administration or a succession certificate |
| Application made within one year of the death | The person named in that application | The application and supporting papers |
If transfer is not possible, the share can instead be transferred to a qualified person on receipt of its value, which is then paid (less dues) to the nominee or entitled person (Section 70(2)). That value is generally what was paid on the share, not the flat's price – so heirs usually prefer a transfer.
Step by step for the family
- Write to the society about the death, with a copy of the death certificate, and give one address for notices and maintenance bills.
- Ask in writing for extracts of the nominee register and your father's share entries; members' heirs usually get them through the nominee or the society.
- If there is a nominee: the nominee applies for transfer and membership. Note the one-year window in Section 70.
- If there is no nominee: decide with a lawyer which court document fits – see probate, succession certificate or legal heir certificate.
- Keep maintenance paid, or agree in writing with the society how dues will be handled meanwhile.
- Do not sign release or relinquishment deeds without independent advice – see NOC from other legal heirs.
- After the Board's resolution, check the register of members, share ledger and share certificate are in the new member's name, and make a fresh nomination.
- Apply to NKDA for mutation: NKDA lists a legal-heirship certificate and death certificate for inheritance, and a fee of 0.25% (devolution) – see NKDA mutation after inheritance.
Do the other legal heirs have to give an NOC?
Section 70 does not list an NOC from other heirs where a valid nomination exists; the society transfers to the nominee. Many societies still ask for no-objection affidavits from other heirs, especially where there is no nominee, because the Board must decide who "appears to be entitled". If the society asks for one, ask which by-law or decision requires it. Where the heirs agree that one of them should keep the flat, the others usually sign a registered release deed rather than a simple NOC – the difference is explained in NOC or release deed.
What is different in New Town
- NKDA mutation for inheritance lists a legal-heirship certificate and death certificate among documents, and a 0.25% fee on deed or market value; check the NKDA page before paying.
- NKDA has not accepted property tax on non-mutated properties since mid-2025, so do the mutation soon after the society's transfer.
- Check the society's lease with WBHIDCO for any condition on membership changes – see the New Town guide.
Real problems and practical solutions
Problem 1: Father nominated one son; the daughter objects
Solution: The society should still transfer to the nominee under Section 70; the daughter's claim to a share of the property is a succession matter between the heirs, not a reason for the society to refuse. See nomination and succession.
Problem 2: No nomination and the heirs cannot agree
Solution: See when legal heirs disagree.
Problem 3: The society refuses or does nothing
Solution: Ask for a written decision quoting Section 70; then see society refusing a nominee or heir.
Co-op flat in New Town after your father's death: frequently asked questions
My father died. How do I get his co-op flat transferred to my name?
Inform the society with the death certificate and check the nominee register. If you are the nominee, apply for transfer under Section 70. If there is no nominee, the Board can ask for probate, letters of administration or a succession certificate. Then apply to NKDA for mutation.
Do I need an NOC from my brothers and sisters?
Section 70 does not require one where there is a valid nominee. Some societies ask for no-objection affidavits, mainly where there is no nominee. Where heirs agree one of them keeps the flat, a registered release deed is the usual document.
Does the nominee become the full owner?
Not necessarily. The society transfers the membership to the nominee, but the other legal heirs keep their rights under succession law (Indrani Wahi, Supreme Court, 2016).
Can the flat be divided between the heirs?
No. Section 92(3) says a flat allotted in a housing co-operative shall not be partitioned. Heirs can agree who keeps it and compensate the others, or sell it and share the proceeds.
What does NKDA need after the society's transfer?
A mutation application listing, for inheritance, a legal-heirship certificate and the death certificate, with the society papers. NKDA lists a 0.25% devolution fee; check before paying.
Sources and review
- Section 70, WB Co-operative Societies Act, 2006 (Indian Kanoon) indiankanoon.org
- Section 92, WB Co-operative Societies Act, 2006 (Indian Kanoon) indiankanoon.org
- Supreme Court, Indrani Wahi v. Registrar of Co-operative Societies, 10.03.2016 (supremecourtcases.com) supremecourtcases.com
- West Bengal Co-operative Societies Rules, 2011, full text (SupremeToday) supremetoday.ai
- NKDA – Record of Title (Mutation) nkdamar.org
- Millennium Post – NKDA bars tax payment without mutation (July 2025) millenniumpost.in
Facts checked against the sources listed on 6 November 2026, using the same texts as the other COOPMAN articles. This is general information, not legal advice; take advice from a lawyer on your own facts.
Next step: read the COOPMAN flat transfer guide, or keep your society's nominations, share certificates and transfer decisions on record with COOPMAN.
