By Arosh John | Founder – John Real Estate (MahaRERA Reg. No. A51700001835), Editor-in-Chief – Thane Real Estate News (TREN)
Thane | December 2025
Nomination is one of the most commonly referenced concepts in Thane resale transactions. Unfortunately, it is also one of the most misunderstood.
In practice, nomination helps housing societies manage records and administrative continuity. However, it does not, by itself, transfer ownership. Many resale deals in Thane face delays because sellers, buyers, or even managing committees confuse nomination with legal succession.
This article explains the difference between nomination and legal heirship, what housing societies accept, and what buyers and their lawyers rely on—based on actual transaction practice in Thane.
1. What Is a Nomination in a Housing Society?
A nomination is a declaration made by a flat owner naming a person to whom the society may transfer shares or membership after the owner’s death.
Its purpose is administrative:
- To allow the society to identify a person to deal with
- To ensure continuity of records
- To avoid day-to-day operational disruption
A nomination does not decide ownership rights under property law.
2. Who Is a Legal Heir?
A legal heir is a person who inherits property:
- Through a Will, or
- Through succession law, where no Will exists
Legal heirs derive their rights from:
- Probate of a Will, or
- Court Heirship Certificate / Heirship Order
These are court-recognised rights, not society-level arrangements.
3. Nomination vs Legal Heir: The Core Difference
| Aspect | Nominee | Legal Heir |
|---|---|---|
| Purpose | Administrative convenience | Ownership entitlement |
| Source | Society records | Law / Court |
| Ownership rights | ❌ No | ✅ Yes |
| Accepted by buyers | ❌ No | ✅ Yes |
| Accepted by courts | ❌ No | ✅ Yes |
A nominee may also be a legal heir—but only if supported by proper succession documents.
4. What Housing Societies in Thane Actually Do
In Thane, most cooperative housing societies:
- Transfer shares or membership to the nominee, subject to succession compliance
- Require indemnities or undertakings
- Clearly state that such transfer is without deciding ownership rights
Society transfer does not equal ownership transfer.
This distinction becomes critical during resale.
5. What Buyers and Their Lawyers Actually Verify
In a resale transaction, buyers do not rely on nomination.
They typically verify:
- Will + Probate (if a Will exists), or
- Court Heirship Certificate / Heirship Order (if no Will), and
- Release Deed(s), where ownership consolidation is required
Nomination is treated only as supporting background, not proof of title.
6. Can a Nominee Sell the Flat?
A nominee cannot sell a flat solely on the basis of nomination.
A sale becomes legally valid only when:
- Ownership is established through Probate or Heirship, and
- All entitled heirs either sell jointly or formally relinquish their rights
Selling based solely on nomination exposes buyers to significant title risk.
7. Common Mistakes Property Owners Make in Thane
- Assuming nomination equals ownership
- Updating society records but skipping court documentation
- Listing property for sale without succession clarity
- Believing a society NOC cures title defects
These mistakes usually surface during the buyer due-diligence stage.
8. Practical Guidance for Thane Property Owners
If you are a nominee:
- First, establish legal heirship
- Do not rely only on society transfer
If you are planning resale:
- Align succession documents before marketing
- Set buyer expectations clearly from day one
This avoids aborted negotiations and loss of credibility.
9. Where This Fits in the Succession Process
- Nomination → Administrative convenience
- Will / Heirship → Ownership determination
- Probate / Court Order → Legal validation
- Release Deed (if required) → Ownership consolidation
Each step serves a different legal purpose.
Also READ: Selling a Flat in Thane After an Owner’s Death: Will, Court Heirship & Release Deed Explained
Also READ: What Is a Will? How to Make and Register a Will in Thane – A Complete Legal Guide
Also READ: What Is Probate of a Will? When Is Probate Required in Thane for Property Sales
About the Author
Arosh John is the Founder of John Real Estate (MahaRERA Reg. No. A51700001835) and the Editor-in-Chief of Thane Real Estate News (TREN). With over a decade of transaction-level experience, he is widely recognised as one of the most trusted real estate experts in Thane, particularly for villas, premium apartments, resale properties, and succession-linked transactions. Through TREN, he publishes legally accurate, practice-driven insights that help property owners navigate complex resale situations with clarity and confidence.
Disclaimer
This article is intended for general informational purposes related to property succession and housing society practices in Thane. Legal outcomes depend on individual facts and circumstances.Readers are strongly advised to consult a practicing advocate or lawyer specialising in property and succession law before taking any action.
