The Bombay High Court recently clarified the legal standing of a nominee versus legal heirs in a dispute over a flat in Mumbai. This case, Karan Vishnu Khandelwal v. Hon’ble Chairman/Secretary Vaikunth (Andheri) Cooperative Housing Society Ltd. & Ors. (Writ Petition No. 12468 of 2022 dated 10 November 2022) , highlighted the complexities surrounding property inheritance within cooperative housing societies. Case Background The deceased, MK, was the owner of a flat in a cooperative housing society in Mumbai. During his lifetime, MK had nominated his grandson VK as the nominee for the flat, and this nomination was duly recorded in the society's register. MK passed away intestate (without a will), leaving behind two sons, RK and KK, and his grandson VK, whose father was MK's predeceased son. Following MK's demise, RK obtained a no-objection declaration from his brother KK and claimed a 2/3rd share in the flat. He sought the transfer of this proportionate interest from ...
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