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Recent amendments to the Maharashtra Co-operative Societies Act streamline flat transmission. Societies transfer interest based on testamentary documents, succession certificates, or registered family arrangement deeds. Crucially, a nominee serves only as a provisional member and trustee, holding the property for the legal heirs without gaining ownership. In Mumbai, probate is no longer mandatory for certain Wills, though societies may request authentication. While minors or persons of unsound mind can inherit through guardians, they face restrictions on the alienation of property. These updates aim to reduce litigation and improve the transmission process.
INTRODUCTION
This Feature has, on multiple occasions, dealt with the nomination of a person in respect of a flat in a co-operative housing society, transmission post the amendment to the probate law, etc. However, recently, in the State of Maharashtra, the Maharashtra Co-operative Societies Act, 1960 (“the Act”) and the Maharashtra Co-operative Societies Rules, 1961 (“the Rules”) have been amended with respect to the transmission formalities for a flat in a co-operative housing society. This month’s Feature now presents a h
