Nomination Facility
Provision for Nomination for Transfer of Membership
Members may be aware that various DCS Acts & Rules allow for the provision for nomination for transfer of membership rights to blood relatives in the unfortunate event of demise of the member.
Rule 91 of The Delhi Co-operative Societies Rules, 2007 specifically states as below:
- Provision for nomination-
(1) A member of a co-operative housing society may nominate a person or persons within blood relation to whom in the event of his death his right and interest in the co-operative housing society shall be transferred. Joint and more than one nomination with the blood relation shall be permissible. The nomination shall have to be made in writing in the Form No.17, in triplicate by the member in the presence of two witnesses and it is to be entered in the books of the co-operative housing society kept for the purpose.
(2) The member may, from time to time, revoke or vary such nomination during his lifetime.
(3) In case a member nominates more than one person in respect of any shares held by him, he shall, as far as practicable, specify percentage of share of each nominee in terms of whole share and interest thereon. The transfer shall be made in the name of first named nominee and other nominee(s) shall be made joint member(s). If the nominee is a minor, a guardian or a legal representative of the minor to represent the minor nominee in the matters connected with this nomination, shall be appointed.
(4) The Nominee shall submit along with his application to the co-operative society with regard to his claim, an indemnity bond, indemnifying the co-operative housing society against any claim made in respect of share and interest in said plot or flat.
(5) If no nomination has been made by a member, the co-operative housing society on receipt of intimation of death of a member shall notify this fact to the public by giving advertisements in English and Hindi leading newspapers of the National Capital Territory of Delhi and by a notice exhibited at the office of the co-operative society, inviting claims or objections for transfer of share or interest of the deceased member to an heir or a legal representative and after making such inquiries as the committee considers proper in the circumstances prevailing and on the expiry of period of three hundred and sixty five days as provided in sub-section (2) of section 28, the committee of the co-operative housing society shall decide the matter after due deliberations and intimate the decision within thirty days of the expiry of period of three hundred sixty five days. If no decision is communicated by the committee of the co-operative housing society, the transfer of interest in the share of the deceased shall be deemed to have been made.
It has been observed that while the ownership has changed for several flats, nominee details have not been updated by those persons who have acquired membership by way of transfer over the last few years.
Further, those who had acquired membership in the initial stages at the time of inception of the society have not submitted nomination forms, as name of nominee was earlier incorporated in the membership application form itself.
All members are therefore advised in their own interest, and for the purpose of safeguarding the interest of the nominee, to file their nominations in the specified Form 17 with the society at the earliest. Copy of the form is enclosed herewith for ready reference. The form may also be downloaded from the society’s website.
The form is required to be filled in triplicate. One copy will be returned to the member with a stamped acknowledgement.
Download Form Below
