Quick answer: a nominee is not automatically the owner of your flat. Nomination in a housing society tells the society whom to deal with after a member’s death. Ownership passes by your will, or – if there is no will – by succession law to your legal heirs. The Supreme Court confirmed this principle in December 2023. If you buy a luxury home in Mumbai, make both a nomination and a clear will.
Last updated: 27 October 2026. A general guide for homeowners in Maharashtra. Not legal advice – please speak to a lawyer about your own family situation.
Families who buy a large home in Bandra West often plan for the long term – a home for children and, one day, grandchildren. Yet many owners believe that filling in the society nomination form is enough. It is not. This guide explains in plain English how nomination, wills and legal heirs work for a flat in Maharashtra.
Nominee, Will and Legal Heir: The Difference
| What it does | Does it decide ownership? | |
|---|---|---|
| Nomination | Tells the society whom to record as member after your death | No – the nominee holds the flat for those who are entitled |
| Will | Says who should get your share of the flat | Yes – if it is valid |
| Legal heirs | Family members named by succession law | Yes – when there is no valid will |
What the Courts Have Said
For years, families argued over whether a nominee “owns” an asset. In Shakti Yezdani v. Jayanand Jayant Salgaonkar (Supreme Court, December 2023), the court agreed with the Bombay High Court that nomination is not a third way of inheriting, alongside a will and succession law. That case was about shares, but the same principle has long been applied to society flats in Maharashtra: the society may transfer the membership to the nominee, but the nominee holds the flat for the people who are entitled to it, and the legal heirs can still claim their share.
How Nomination Works in a Housing Society
Once the developer forms a society and hands over the building – see our guide to housing society formation and conveyance in Maharashtra – every flat owner becomes a member. The society keeps a nomination form for each member.
- Fill it in early. Many owners forget until years later.
- You can name more than one person and state their shares, subject to the bye-laws.
- Keep the acknowledgement from the society and update it after marriage, divorce or a death in the family.
- After a death, the nominee applies to the society with the death certificate and the required forms, and the society records the transfer under its bye-laws.
Why a Will Matters for a Luxury Flat
A will is the document that actually decides who gets your share. For a home that may be worth tens of crores, a clear will saves your family years of disputes.
Tips for a strong will
- Describe the flat exactly – building, flat number, wing, parking and society shares.
- Name an executor you trust to carry it out.
- Sign in front of two independent witnesses who are not beneficiaries.
- Consider registering the will at the sub-registrar office. It is not compulsory, but it adds weight.
- Some families also add a doctor’s certificate or a video record to show the person was of sound mind.
- Review it after big life events, and after buying or selling property.
If the flat is owned jointly with a spouse or family member, each co-owner’s share passes separately. Our guide to joint ownership of a luxury flat in Mumbai explains the options.
If There Is No Will
The flat then goes to the legal heirs under the succession law that applies to the owner – for example the Hindu Succession Act or the Indian Succession Act. Heirs may have to agree among themselves, sign releases, or get a succession certificate, letters of administration or probate, depending on the case. This can take time, and the flat may be hard to sell or rent until it is settled.
Under Construction? Plan From Day One
For a flat that is still being built, there is no society yet. The rights come from your Agreement for Sale. Ask the developer how a buyer’s rights pass on if the buyer dies before possession, and keep your will updated to mention the agreement. Our Agreement for Sale checklist lists the other clauses to read, and our guide to taking possession of a new flat covers the handover.
NRI buyers should also think about which country’s law and courts may be involved – see our NRI guide to buying in Bandra West. If you plan to rent the home out, tell your executor where the leave and licence papers are kept; our renting out guide explains them.
Simple Checklist for Owners
- Society nomination form filled in, with acknowledgement kept safe.
- A clear will that names the flat, parking and society shares.
- An executor named, and family told where the documents are.
- Copies of the Agreement for Sale, share certificate and receipts in one place.
- Review after marriage, birth, death, divorce or a property sale.
Planning for a Home at Godrej Bandra Bay
Godrej Bandra Bay at Bandra Reclamation is planned as one tower of approx. 26 storeys* with 4 BHK homes only of approx. 2,900–3,500 sq ft* carpet, from ₹29 Cr*. MahaRERA registration is awaited, so the Agreement for Sale terms are not available yet. Read our guide to verifying the MahaRERA registration and the complete Godrej Bandra Reclamation guide.
You can also read about Adani Bandra Reclamation nearby, or see another summary on the Godrej Bandra Reclamation property page. Visit the Godrej Bandra Reclamation project page, or send an enquiry to get updates.
Frequently Asked Questions
Does the nominee become the owner of the flat?
No. Indian courts, including the Supreme Court in Shakti Yezdani v. Jayanand Salgaonkar (December 2023), have held that nomination is not a way of inheriting. The nominee receives the asset, but ownership goes by the will or, if there is no will, by succession law.
Then why should I make a nomination in the society?
Because it helps the society deal with someone quickly after a member dies. The society can record the nominee as a member so that the flat is not left without anyone responsible, while the legal heirs settle ownership.
Can I nominate more than one person?
Generally yes. A society member can usually nominate more than one person and state the share of each. Check the society’s bye-laws and the form it uses.
Is a registered will compulsory?
No, a will does not have to be registered to be valid. Registration and two independent witnesses make it harder to challenge, which is why many lawyers recommend it for a high-value home.
What happens if there is no will?
The flat goes to the legal heirs under the succession law that applies to the owner, such as the Hindu Succession Act or the Indian Succession Act. Heirs may need documents such as a succession certificate or probate, depending on the case.
Does this apply to a flat bought jointly?
Yes. Each co-owner’s share is passed on by their own will or by succession law. Joint ownership does not automatically mean the survivor gets everything, so each co-owner should plan separately.
*Prices, sizes and other details are indicative and subject to change. Please verify all details with the developer and on the MahaRERA website before making any decision.
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