Flat transfer after a member dies: records for legal review
04 Nov 2026
Quick answer
Nomination and succession: Nomination tells the society whom to transfer a deceased member's share or interest to. Succession decides who, among the heirs, is ultimately entitled to the property. In a West Bengal co-operative these are different questions with different rules: a nomination lets the society act quickly, but it does not by itself settle ownership between family members. Planning ahead means getting both right.
Families are often surprised that a nominee who received the flat in the society's books can still face a claim from a brother, a widow or a child. The reason is that the society's register and the law of inheritance do different jobs. This article is for members who want to arrange things now, and for heirs trying to understand the position.
What nomination does in a West Bengal co-operative
Under the West Bengal Co-operative Societies Rules, 2011, a member may nominate in writing a person belonging to their family, or any person if they have no family, to receive their share or interest on death, in accordance with section 76 of the Act, using Form XXVIIIB. A nomination may be revoked and a fresh one made (Rule 117(1)). The society must keep a register of nominees (Rule 117(2)).
When a member dies, s.70(1) of the 2006 Act directs the society to transfer the share or interest to the nominee, if there is one. For housing societies, s.92(3) adds that an heir who is a nominee for a share and interest in a flat is eligible to be admitted as a member.
So nomination is mainly an instruction to the society. It lets the committee update its records without waiting for a court document.
What succession decides
Succession is the law that decides who inherits a deceased person's property: by will, or, without a will, under the personal law that applies to the family. It operates outside the society.
The Supreme Court considered the relationship in Indrani Wahi v. Registrar of Co-operative Societies (10 March 2016), under the earlier West Bengal Co-operative Societies Act, 1983. It held that where a valid nomination exists the society is mandated to transfer the share or interest to the nominee, and that this has "no relevance to the issue of title" between heirs, who may pursue their claims under succession law. That case was decided under the 1983 Act, not the 2006 Act, but it is a strong indication of how courts approach the question.
Nomination vs succession in a cooperative society, side by side
| Nomination | Succession | |
|---|---|---|
| Who makes it | The member, in Form XXVIIIB | The member by will, or the law if there is no will |
| Where it is recorded | Society's register of nominees | The will; probate, letters of administration or succession certificate where obtained |
| Who acts on it | The society's Board | Courts, the registering office, and everyone dealing with the property |
| What it settles | Whom the society transfers the share or interest to, and who may be admitted as member | Who is ultimately entitled to the property among the heirs |
| Who can be named | A family member, or any person if the member has no family (Rule 117) | Anyone the will names, subject to the applicable law |
A planning checklist for members
- Ask the secretary for a copy of your entry in the register of nominees. Members may inspect it free of charge under Rule 67A.
- If there is no nomination, or it names someone who has died or is no longer the right person, make a fresh one in Form XXVIIIB and ask for written acknowledgement.
- Make the nomination consistent with your will, if you have one. A will that leaves the flat to one child while the nomination names another invites a dispute.
- If you co-own the flat, check how each co-owner's interest is recorded; see joint ownership and membership.
- Keep the share certificate, deed and nomination acknowledgement together, and tell the person you named where they are.
- In Salt Lake, note that a change of membership by nomination also needs an NOC from the Land Manager, Bidhannagar, on the department's form; that form asks for, among other things, a copy of the nomination register.
Common misunderstandings
- "The nominee is the owner." Not necessarily. The nominee receives the transfer in the society's books; other heirs may still have a claim.
- "A will is enough, the society will follow it." The society acts on the nomination under s.70 if one exists. Where there is no nominee, the Board may require probate, letters of administration or a succession certificate.
- "Nominations last forever." They should be reviewed after marriage, divorce, a death in the family or a sale.
- "The society can choose among the heirs." The Board follows s.70: nominee first; otherwise, the person who appears entitled on production of the documents the section lists.
What happens after a death, and which papers the family and committee need, is covered in flat transfer after a member dies.
Doing this on COOPMAN
COOPMAN's member register records nominations alongside owner members, units and share certificates, and keeps the history when a nomination changes. Guided forms at /forms can help you prepare a draft nomination or covering letter; check the draft against Form XXVIIIB and your by-laws before signing. When a transfer later happens, the share certificate comparison in share certificate transfer records should include closing the old nomination.
This is general information, not legal advice on your estate.
Nomination and succession: frequently asked questions
Can I nominate a friend instead of a relative?
Rule 117(1) allows nomination of a family member, or of any person if the member has no family. If you have family and want someone else to inherit, take advice about a will.
Does a later will cancel my nomination?
Not in the society's books. The society acts on the nomination in its register. A will may still matter for title between heirs, which is why the two should be consistent.
How do I change my nominee?
Revoke the existing nomination and make a fresh one in Form XXVIIIB, as Rule 117(1) allows, and ask the society to acknowledge it in writing and update its register of nominees.
Can I see who is recorded as my nominee?
Yes. The register of members and nominees is among the documents members may inspect free of charge under Rule 67A.
Does the Indrani Wahi judgment apply to the 2006 Act?
It was decided under the 1983 Act. It is still widely cited for the point that nomination concerns the society's transfer, not title between heirs, but the 2006 Act's own wording should be checked.
Who gets the co-op flat after death – the nominee or the legal heirs?
The society transfers the membership to a valid nominee (Indrani Wahi, Supreme Court, 2016), but that does not decide ownership among the heirs. Legal heirs keep their rights under succession law and can claim them separately.
Sources and review
- West Bengal Co-operative Societies Rules, 2011, full text (SupremeToday) supremetoday.ai
- 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 (official notification copy, ICMAI) icmai.in
- UD&MA form: Change of Membership by Nomination – NOC Request udma.wb.gov.in
Facts checked against the sources listed on 3 October 2026.
Next step: prepare a draft nomination letter with COOPMAN guided forms, then read the flat transfer guide.
