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.

Nominee vs Owner: Can a Nominee Vote and Act as a Member in a Housing Society After the Owner’s Death? The Law Explained

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 father passes away, the son approaches the society to have the flat and membership transferred in his name.

The society accepts his application but notes him as a “Provisional Member” on the share certificate. Later, when the society announces a meeting about redevelopment or other major decisions, the son is told he cannot vote or even attend the meeting until he brings a succession certificate or court order establishing him as the legal heir.

So, is the society correct in doing so?
Let’s decode the law.

2. Who Is a Nominee and What Do They Represent?

A nominee is a person designated by the flat owner to represent them in the housing society after death. The purpose of nominating someone is administrative — it helps the society know whom to deal with immediately, without waiting for lengthy legal proceedings.

However, nomination does not confer ownership. A nominee is not the owner of the flat; they are merely a custodian or trustee for the legal heirs.

To put it simply:

A nominee is a caretaker, not the successor.

The ownership of the flat is ultimately decided under the law of succession, not by the act of nomination.

3. What the 2019 Amendment Changed

Before 2019, the law was ambiguous about the status of nominees. Many societies treated nominees as full members, while others refused to recognize them altogether until heirs were legally confirmed.

To eliminate this confusion, the Maharashtra Co-operative Societies (Amendment) Act, 2019 inserted Section 154(B) — introducing a new classification of membership.

Under Section 154(B)(13):

When a member dies, their nominee is admitted as a Provisional Member.
This status continues until the legal heir or rightful owner is determined through a will, succession certificate, family arrangement, or court order.

Thus, the law acknowledges both realities:

The need for an immediate representative (the nominee), and
The separate process of determining ownership (the heir).

4. Understanding “Provisional Member”

A Provisional Member is an officially recognized but temporary member of the society. This individual steps into the deceased member’s role to handle day-to-day matters and attend meetings, without automatically becoming the flat’s owner.

A provisional member:

Has the right to receive notices from the society.
Can attend all general body meetings.
May participate in discussions, redevelopment processes, and decision-making.
Enjoys the right to vote unless explicitly restricted by a legal order.

This framework ensures that the society’s functioning does not stall after the death of a member, while ownership issues are being resolved elsewhere.

5. Can a Provisional Member Vote?

Yes — the law is clear on this.

Under Section 154(B)(14), every member of a co-operative housing society, including a provisional member, has the principle right of “one member, one vote.”

Voting can only be done personally. It cannot be done through:

a proxy,
a power of attorney, or
any representative not officially recognized as a member.

Therefore, if a nominee has been accepted as a provisional member, they have the same voting rights as other members.

If the society refuses to let a provisional member vote, it is not following the law.

6. Ownership vs. Membership — Two Different Concepts

One of the biggest misunderstandings in housing societies is confusing membership with ownership. These are two separate legal ideas.

Aspect	Membership	Ownership
Governing Law	Maharashtra Co-operative Societies Act	Property & Succession Laws
Who Grants It	Housing Society Committee	Court / Legal Process
Rights Include	Voting, attending meetings, maintenance decisions	Selling, transferring, inheriting property
Given To	Provisional member (nominee)	Legal heir or will beneficiary

In short, the society deals with membership, while the court determines ownership. The society’s role is administrative, not judicial.

7. What If There Is No Nominee?

If the deceased member did not appoint a nominee, the society’s managing committee can grant temporary membership to one of the likely legal heirs under Bye-law 35.

This is done after checking necessary documents like:

Death certificate,
Relationship proof, and
Affidavit from family members.

This person will then function as a provisional member until proper legal documents (like a succession certificate) are presented.

Societies often insist on such documentation for safety, so that no one can later accuse them of favoring one heir over another.

8. Role of the Legal Heirs

While the nominee represents the deceased in society matters, the legal heirs have the ultimate right to inherit the property.

Legal heirs can claim ownership only after they produce one of the following:

Will (if the deceased left one),
Succession certificate, or
Family settlement agreement signed by all heirs.

Once this process is complete, the society formally transfers membership and ownership to the heir(s), and the “provisional” tag is removed from the records.

9. Can the Society Refuse Meeting Attendance or Voting?

No. Once a nominee has been recorded as a Provisional Member, they cannot be excluded from any general body meeting or redevelopment meeting.

Doing so would violate both the spirit and letter of Section 154(B).

Provisional members are entitled to:

Receive notices of meetings,
Attend, speak, and vote,
Access society information related to their flat.

If a society denies these rights, the provisional member can approach the Deputy Registrar of Co-operative Societies or even file a complaint before the Co-operative Court.

10. Redevelopment and Provisional Members

Redevelopment is one of the most sensitive issues in housing societies. It involves large sums of money, relocation, and long-term agreements. Every member’s vote counts.

A provisional member has the same right as any other member to:

Attend redevelopment meetings,
Review project proposals, and
Cast their vote.

If the society bars the provisional member from participating, it can jeopardize the legality of the redevelopment resolution itself.

The idea is simple — as long as there’s no legally recognized heir, the nominee steps into the member’s shoes for society purposes.

11. Why Societies Still Misunderstand the Law

Despite the 2019 amendment, confusion persists. There are several reasons:

Outdated Bye-laws: Some societies still follow older bye-laws that pre-date the amendment.
Fear of Legal Disputes: Committees avoid risk by demanding a succession certificate for every case.
Lack of Awareness: Many members and even managing committees are unaware of Section 154(B).
Overlap Between Membership and Ownership: People assume that being listed on the share certificate makes them the property owner, which is not true.

For this reason, both society committees and members must be educated about the updated legal framework.

12. Society’s Role Is Limited

It’s important to remember that a housing society’s duty is purely administrative.
Once it records a nominee as a provisional member, the society has:

Fulfilled its legal responsibility, and
No further role in deciding inheritance or ownership disputes.

The society should avoid getting involved in family conflicts or determining who the “real” heir is.
That is a matter for the courts, family agreements, or succession laws.

13. Common Misconceptions Clarified

Myth	Reality
“Nominee automatically becomes the owner.”	No. The nominee only represents the deceased until legal ownership is decided.
“Society can deny a provisional member voting rights.”	Wrong. The law gives provisional members the right to vote and attend meetings.
“Membership and ownership mean the same.”	They are different. One is administrative; the other is legal.
“Society can choose who inherits the flat.”	Never. Only a court or mutual family agreement can determine that.
“Provisional members cannot attend redevelopment meetings.”	False. They must be allowed to participate fully.

14. Practical Advice for Nominees and Families

If you are a nominee:

Inform the society immediately after the member’s death.
Submit a copy of the death certificate and nomination form.
Request your name to be entered as a Provisional Member on the share certificate.
Attend all meetings and exercise your right to vote.
Begin the process to obtain a succession certificate or other legal documents for ownership transfer.

If you are a society committee member:

Follow the 2019 amendment strictly.
Enter the nominee’s name as “Provisional Member” without delay.
Allow participation and voting rights in all meetings.
Avoid demanding unnecessary documents beyond what the law requires.
Do not attempt to decide who the legal heir is — that is not the society’s jurisdiction.

15. Key Legal Takeaways

Nominee is not the owner. They are only a representative for society purposes.
Provisional membership is granted immediately upon the original member’s death.
Voting rights of provisional members are protected under Section 154(B)(14).
Ownership transfer requires legal documentation — will, succession certificate, or family settlement.
Societies cannot deny a provisional member the right to vote or attend meetings.
No proxy voting — every vote must be cast personally by a recognized member.
Redevelopment participation is a right, not a privilege, for provisional members.
Society’s responsibility ends after recording the nominee; ownership disputes belong to the courts.

16. Membership vs. Ownership: A Simple Analogy

Think of the membership as a seat in the society’s committee room, and ownership as the title deed of the flat.

The society can decide who gets to sit and vote in meetings, but it cannot decide who owns the chair itself. That’s for the court or the inheritance law to decide.

17. The Legal and Social Balance

The law attempts to strike a fair balance:

It allows societies to function smoothly after a member’s death (through provisional membership), and
It protects the rights of heirs to claim ownership later.

This two-step approach prevents both administrative paralysis and family injustice.

18. Final Thoughts

The confusion between nominee and owner has led to countless disputes in housing societies. But the law is no longer unclear.

The 2019 amendment makes it explicit that:

A nominee becomes a provisional member after the death of the flat owner.
The nominee has full rights to participate and vote in society matters, including redevelopment.
Legal ownership will later pass to the rightful heir as determined by succession laws.

Therefore, if a son is nominated by his late father and recorded as a provisional member, the society cannot deny him the right to attend meetings or vote. Doing so would violate his statutory rights.

While ownership and inheritance are subjects for the court, membership and participation rights are protected under the co-operative law.

Conclusion

The bottom line is simple but powerful:

Nomination does not make you the owner — but it does make you the lawful participant.

Until a court or valid document establishes who the true heir is, the nominee-turned-provisional member remains the rightful face of the flat in the housing society.

Societies must recognize this legal position to ensure fairness, transparency, and harmony — because at the end of the day, co-operation is the very soul of every co-operative housing society.

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