NOMINATION FORM
Nomination by a member of the person or persons to whom the member's shares and interest in the Society are to be transferred on the member's death
To,
The Secretary and the Managing Committee,
__________
Registration No. __________
__________
Date: __________
Place: __________
1. THE MEMBER MAKING THIS NOMINATION
1.1 I, __________, __________ __________, am a member of __________, a co-operative housing society bearing Registration No. __________ and having its registered office at __________ ("the Society").
1.2 I am in occupation of, and hold the Society's shares relating to, Flat / Unit No. __________ in the Society's building ("the said Flat").
1.3 I hold __________ fully paid-up shares of the Society covered by Share Certificate No. __________.
1.4 In this form, "the said shares and interest" means those shares together with the whole of my right, title and interest in the Society and in the said Flat as a member of the Society.
2. AUTHORITY FOR THIS NOMINATION
2.1 This nomination is made under __________, and under the registered bye-laws of the Society.
2.2 The Society is a co-operative housing society registered in the State / Union Territory of __________ and issues share certificates to its members. This form is filed for entry in the Society's Register of Nominations.
3. NOMINEE OR NOMINEES
3.1 I nominate the following person as my first nominee:
- Name: __________
- Relationship to me: __________
- Address: __________
- Proportion of the said shares and interest: __________
3.4 The proportions stated above govern. Where a proportion is stated against a nominee, that nominee takes that proportion of the said shares and interest. Where no proportion is stated against one or more of the nominees named above, those nominees shall take, in equal shares between them, so much of the said shares and interest as is not covered by the stated proportions. Where a proportion is stated against every nominee named above and those proportions together fall short of or exceed the whole, they shall be increased or shall abate rateably, in the proportions stated. Where no proportion is stated against any nominee, the nominees named above shall take in equal proportions.
3.5 If a nominee named above dies before me and I do not file a fresh nomination, that nominee's proportion shall go to the surviving nominee or nominees named above, in the proportions in which they take under this form.
5. EFFECT OF THIS NOMINATION
5.1 This nomination takes effect only on my death. It gives the nominees no right of any kind during my lifetime, and does not restrict my right to sell, mortgage, gift, bequeath or otherwise deal with the said Flat or the said shares and interest while I live.
5.2 On my death, and on production of proof of death and completion of the procedure laid down by the Society's bye-laws, the Society shall transfer the said shares and interest to the nominee or nominees named above.
5.3 I understand and record that a nominee is not thereby made the owner of my estate. The transfer by the Society vests the said shares and interest in the nominee or nominees as against the Society, so that the Society is discharged; but the nominee or nominees hold what they receive for the benefit of the persons entitled to my estate under my will or under the law of succession applicable to me. This nomination does not decide title as between the nominees and my heirs or legatees, and that question can be decided only by a competent court. This reflects Indrani Wahi v. Registrar of Co-operative Societies (2016), in which the Supreme Court held that the society must transfer to the nominee, while leaving the question of succession to be worked out separately.
5.4 This nomination is not a will and is not a testamentary disposition. It neither revokes nor alters any will made by me, and it is not a substitute for making one.
6. REVOCATION OF EARLIER NOMINATIONS
6.1 On this nomination being received in the office of the Society during my lifetime and recorded in the Society's books, it cancels and supersedes every earlier nomination made by me in respect of the said shares and interest.
6.3 I may vary or revoke this nomination at any time during my lifetime by a further writing signed by me and delivered to the Society, subject to compliance with the Society's bye-laws. Until such a writing is delivered to and recorded by the Society, this nomination stands.
7. REQUEST TO THE SOCIETY
7.1 I request the Society to record this nomination in its Register of Nominations, to note it against my entry in the Register of Members, and to issue me a written acknowledgement stating the date of receipt and the serial number of the entry.
7.2 The Society is requested to record this nomination on payment of the fee, if any, prescribed by its registered bye-laws, and I undertake to pay that fee on demand.
7.3 I shall inform the Society in writing of any change in the name or address of a nominee or of the guardian named above.
8. DECLARATION BY THE MEMBER
8.1 I make this nomination voluntarily, of my own free will, while of sound mind and understanding, and free from coercion, undue influence or misrepresentation by any person.
8.2 The particulars stated above are true to the best of my knowledge and belief. I am the member in whose name the said shares stand, and no order of any court restrains me from making this nomination.
SIGNED by the member on __________ at __________:
Signature / thumb impression: ______________________________
Name: __________
Flat / Unit No.: __________
Share Certificate No.: __________
WITNESSES
The member signed this form in our presence, and we have signed in the presence of the member. Neither of us is a nominee named above, or the spouse of a nominee.
Witness 1
Signature: ______________________________
Name: ______________________________
Address: ______________________________
Contact number: ______________________________
Witness 2
Signature: ______________________________
Name: ______________________________
Address: ______________________________
Contact number: ______________________________
ENCLOSURES
- Copy of the member's share certificate.
- Copy of the member's photo identity proof.
- Copy of the identity proof of each nominee, where available.
- Receipt for the nomination fee, if any.
FOR THE SOCIETY'S OFFICE — ACKNOWLEDGEMENT
Received the above nomination from the member named above.
Date of receipt: ______________________________
Entered in the Register of Nominations at Serial No.: ______________________________
Date of entry: ______________________________
Fee received (if any) and receipt no.: ______________________________
Earlier nomination, if any, cancelled and noted: ______________________________
Signature of the Secretary / authorised officer: ______________________________
Name and designation: ______________________________
Seal of the Society: ______________________________