Nominee vs Owner: Can a Nominee Vote and Act as a Member in a Housing Society After the Owner’s Death? The Law Explained
The death of a flat owner in a housing society often triggers confusion, disputes, and legal uncertainty. Families struggle with questions such as — Who becomes the new member? Can the nominee automatically take over? Does a nominee have voting rights in the society? These are not just emotional matters but legal ones governed by the Maharashtra Co-operative Societies Act, 1960 , which lays out precise definitions and procedures. The introduction of Section 154(B) in the 2019 amendment brought long-awaited clarity, yet misunderstandings remain widespread among housing societies. This article breaks down — in simple, professional language — what the law says about nominees , legal heirs , provisional members , and their rights to vote, attend meetings, and participate in redevelopment decisions . 1. The Typical Scenario Let’s consider a common example. A father owns a flat in a cooperative housing society and names his son as the nominee in the society’s records. When the fathe...