NOC From Other Legal Heirs for a Co-op Flat: When It Is Needed and Why a Release Deed Is Different
06 Nov 2026
Quick answer
Succession certificate or legal heir certificate: Where a deceased member left no effective nomination, Section 70 of the West Bengal Co-operative Societies Act, 2006 lets the society transfer the share to the person who appears to the Board to be entitled "on production of probate, letters of administration or a succession certificate". Probate is used where there is a will and an executor; letters of administration where there is a will without an executor or no will at all; a succession certificate is a court certificate naming the person entitled. A legal-heirship (family) certificate is a different, simpler document that some authorities, such as NKDA for mutation, list among papers.
Key points
- With a valid nominee, none of these court documents is needed for the society's transfer.
- Without one, the Board may ask for one of the three documents named in Section 70.
- A legal-heirship certificate is not one of the three; the society may accept it only if its by-laws or the Board allow, so ask.
- NKDA lists a legal-heirship certificate and death certificate among documents for inheritance mutation.
- Which court document is right depends on the will and the family's personal law; a lawyer should choose.
The documents side by side
| Document | Issued by | Used when | Named in Section 70? |
|---|---|---|---|
| Probate | Court, to the executor of a will | There is a will naming an executor | Yes |
| Letters of administration | Court, to an administrator | A will without an executor, or no will | Yes |
| Succession certificate | Court | To show who is entitled to collect the deceased's dues and securities | Yes |
| Legal-heirship / family certificate | A government office, as the State's procedure provides | To show the surviving family members | No – check if the society accepts it |
| Nomination (Form XXVIIIB) | The member, during life | Lets the society transfer without court papers | Section 70 transfers to the nominee first |
How families usually decide
- Check the society's nominee register first. A valid nomination avoids court papers for the society's part.
- Look for a will. If there is one, a lawyer advises whether probate or letters of administration are needed and where.
- If there is no will and no nominee, ask the society in writing which document it will accept; many families take a succession certificate.
- Collect a legal-heirship certificate in any case if NKDA mutation is planned in New Town.
- Agree among the heirs before applying: a court document names the person entitled, but heirs can still settle their shares by release deeds – see NOC or release deed.
Why this takes time – and how to keep the flat in order meanwhile
Court documents take months. Meanwhile: keep maintenance paid from an agreed account, give the society one address for notices, and do not let any heir sign a sale or letting agreement for the flat. The society cannot record a new member until it has the nomination or the court document it asked for.
Real problems and practical solutions
Problem 1: The society insists on a succession certificate even though there is a nominee
Solution: Section 70 transfers to the nominee first. Ask the society to act on the nomination; see society refusing a nominee or heir.
Problem 2: The family has only a legal-heirship certificate
Solution: Ask the society in writing whether its by-laws or Board will accept it with affidavits from all heirs; if not, a court document under Section 70 is needed.
Succession certificate or legal heir certificate: frequently asked questions
Which documents can a co-op society ask for if there is no nominee?
Section 70 names probate, letters of administration or a succession certificate. The Board transfers to the person who appears entitled on production of one of them.
Is a legal heir certificate enough for the society?
It is not one of the three documents named in Section 70. Ask the society whether its by-laws or Board will accept it, usually with affidavits from all heirs.
Do we need any court document if there is a nominee?
Not for the society's transfer: Section 70 directs the transfer to the nominee. Heirs' title questions are separate.
What does NKDA ask for after an inheritance?
NKDA lists a legal-heirship certificate and death certificate among documents for inheritance mutation, with the society's papers.
Sources and review
- Section 70, 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
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.
