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I received a flat in a co-operative housing society in Mumbai through a registered gift deed from my father, who had self-acquired the property in 1971 using his own funds and a loan under the Maharashtra HHS scheme. As the owner (through the registered gift deed), I have nominated a person for the flat as per the society’s by-laws. Can I cancel this nomination in the future and instead bequeath the flat to a charitable organization if I wish to? Are there any terms in the co-operative society’s bye-laws that would restrict such actions?
Yes, you can cancel the nomination anytime and leave the flat to a charitable trust through a Will. Nominations only help the society transfer ownership quickly after death, but they do not override your legal Will. Check your society’s bye-laws, but most allow this flexibility. For further legal assistance contact us on our helpline number.