1) we do not advise you to fabricate any documents 

2) do not create back dated will .in any case society will ask. You to get private done 

3) best option is to apply for legal heir certificate from court and transfer flat on your joint names 

4) if you sell fist and buyer is applying fir bank loan tjen back wound insist on legal heir certificate 

5) society can transfer flat in your babe on basis of indemnity bond but societies are reluctant to do so 

Yes you can give death certificate and indemnity bond to society along with noc. Legal heirs ship certificate is not required in cases where all legal heirs have consent for transfer of membership.

In Maharashtra, most cooperative housing societies rely on legal heirship certificates for ownership transfer post-death. Even if you are the legal heirs under Hindu Succession Act, societies usually require official documentation to protect themselves from future disputes. That’s why your society is insisting on a legal heir certificate or an alternative with strong legal footing.

Your idea of using an indemnity bond, affidavit, and No Objection Certificates (NOCs) between heirs is a practical route and commonly accepted by societies in simpler, undisputed cases. It’s legally viable if the society is satisfied and is willing to take the risk. However, it’s not enforceable unless backed by court or competent authority recognition.

The Tehsildar-issued heirship certificate is typically cheaper and faster (usually under ₹5,000) than court-based succession certificates. It’s widely accepted in property matters unless there’s a will. The plain heir certificate from the local court without including property may also work, but again depends on the society's legal advisor’s discretion. These are both safer and more affordable than the full-blown succession certificate.

The option of issuing a public notice in newspapers stating you are the only heirs, followed by a No Claim Certificate from an advocate, helps establish public transparency. It may support your case but has no binding legal value on its own. However, when clubbed with an indemnity and affidavit, some societies may agree.

Avoid backdating a will—it’s illegal and risky. Even if there were a genuine will, in Maharashtra, probate is mandatory for properties in Mumbai/Navi Mumbai/Thane areas under the Indian Succession Act. Using property tax bills to establish ownership won’t suffice on their own for transfer or sale—tax records aren’t conclusive proof of ownership.

Your best legal and affordable alternative is to get a legal heir certificate from the Tehsildar, combine it with an indemnity bond and affidavits, and submit NOCs between you and your brother. If the society is cooperative, this should work. Otherwise, a formal succession certificate from the court is your last resort, albeit costlier.

The second option that is getting a legal heirship certificate from the Tehsildar will be the proper option before you.

Getting a legal heirship certificate from tehsildar office may be slightly cumbersome but it will not involve the cost what you mentioned.

You're absolutely right that under the Hindu Succession Act, 1956, both you and your brother are Class I legal heirs of your mother. However, when it comes to transferring property especially in a co-operative housing society in Maharashtra societies often require formal documentation to protect themselves from future disputes. Let’s talk about your alternatives and assess their viability, legal basis, and approximate costs:

1. Membership Application + Indemnity Bond + Affidavit

This is a commonly accepted alternative in many housing societies.

• Legal Basis: Societies are governed under the Maharashtra Co-operative Societies Act, 1960. Rule 25 of the Maharashtra Co-operative Societies Rules, 1961 allows societies to admit legal heirs as members based on nomination and indemnity.

• Documents Required:

  • Death certificate

  • Nomination form (if registered with society)

  • Affidavit stating you are the only legal heirs

  • Indemnity bond indemnifying the society against future claims

  • No-objection from all heirs (if more than one)

• Estimated Cost: ₹500–₹2,000 (notarization, stamp paper, drafting)

• Feasibility: High, especially if the society is cooperative and the nomination is registered.

2. Legal Heir Certificate from Tehsildar Office

This is the official route, and it’s much cheaper than a court-issued succession certificate.

• Legal Basis: Issued by the Revenue Department under administrative procedures.

• Documents Required:

  • Death certificate

  • Identity/address proof

  • Ration card

  • Affidavit of relationship

• Estimated Cost: ₹2–₹100 (court fee stamp); processing time: 15–30 days

• Feasibility: Very high. Many societies accept this certificate for ownership transfer.

3. Plain Legal Heir Certificate from Local Court

This is not a succession certificate, so it avoids high court fees.

• Legal Basis: Miscellaneous application in Civil Court (Junior Division)

• Estimated Cost: ₹50–₹100 for filing + ₹500–₹2,000 for affidavit and newspaper notice

• Feasibility: Moderate to High, depending on society’s discretion. It’s less formal than a Tehsildar certificate but still carries weight.

4. No Claim Certificate + Newspaper Advertisement

This is a precautionary route to show no one else is contesting the property.

• Legal Basis: Not codified in law but used as supporting documentation

• Process:

  • Publish notice in 2 newspapers

  • Wait 30 days for objections

  • Advocate issues NOC stating no claims received

• Estimated Cost: ₹2,000–₹5,000 (ads + drafting)

• Feasibility: Supportive, but not standalone. Best used with affidavit or Tehsildar certificate.

You and your brother are the only surviving legal heirs of your deceased parents. Your mother was the sole and absolute owner of a flat in a registered co-operative housing society in Maharashtra, and she had executed a valid nomination in favour of both of you in equal shares. As per the Hindu Succession Act, 1956, both of you qualify as Class I legal heirs and are entitled to inherit the property in equal proportion upon her death. Since there is no will and no dispute among the heirs, the succession is straightforward.

The society’s legal advisor has asked for a legal heirship certificate to issue the no-objection certificate (NOC) required for selling the property. However, obtaining such a certificate through a court process or succession petition is an expensive and time-consuming route. You can lawfully avoid this route by following a recognized, cost-effective alternative which is commonly accepted by housing societies in Maharashtra.

You can apply for the transfer of the property by submitting a membership application along with an affidavit and indemnity bond. The affidavit should confirm that both of you are the only legal heirs and that there are no other claimants to the property. The indemnity bond should undertake to indemnify the society from any future claims that may arise. Since your mother had executed a valid nomination and there is no contest to your claim, the society has legal discretion to accept these documents under the Model Bye-laws of Maharashtra Co-operative Housing Societies, which permit transfer in favour of legal heirs on the basis of such submissions.

Alternatively, you can approach the Tehsildar office to obtain a legal heirship certificate through the revenue authorities. This route is significantly less expensive than approaching the civil court and is generally accepted for mutation and property transfer purposes. You may also consider publishing a public notice in two newspapers (one English and one regional language), stating that your mother has passed away and that you and your brother are her only legal heirs. If no objections are received within a stipulated period, an advocate can issue a “no claim certificate” which further supports your request for transfer.

Creating a backdated will is illegal and punishable under criminal law, and any will that is relied upon for property transfer in Maharashtra must be probated as per the Indian Succession Act. A property tax bill in your name is not proof of ownership and cannot be the sole basis for sale or transfer.

You can lawfully and effectively proceed with the sale of the flat by submitting the nomination copy, legal heir affidavit, indemnity bond, and, if necessary, a legal heir certificate from the Tehsildar. You are not legally required to obtain an expensive court-issued succession certificate in a case where there is no dispute among the heirs and a valid nomination exists. We advise you to present the above documents to the society along with a formal request for issuance of the NOC, and assert your legal entitlement under the relevant provisions of Hindu Succession law and the Co-operative Societies framework.

Section 30 provides that the society shall transfer the share or interest of the deceased member to a person/s nominated in accordance with the Maharashtra Cooperative Societies Rules, 1961, and if no such person is nominated then the committee of the society shall transfer it to such person “as may appear to the committee” to be the heir or legal representative of the deceased member.

2) the nominee, upon receiving this transfer, is still recognized as a "provisional member" and is duly recorded as such in all statutory records of the society. The final and conclusive transfer of shares/interest to the legal heirs occurs only when the relevant legal documents are provided by the legal heirs.

It is not mandatory to apply for probate 

however advisable to do so 

It is not mandatory to apply for probate 

however advisable to do so 

No if it’s outside mumbai probate is not mandatory 

Use these documents together:

• Affidavit (declaring you both as sole heirs)

• Indemnity Bond (protecting society from future claims)

• Mutual NOC between you and your brother

• Legal Heir Certificate from Tehsildar (low-cost, official)

Legal Support:

• Section 30, Maharashtra Co-operative Societies Act, 1960

• Model Bye-laws 34 & 35: Society can accept legal heir + affidavit + indemnity.

Avoid:

• Backdated will (illegal)

• Will without probate (probate is mandatory in Mumbai/Thane)

• Property tax name (not valid proof)

If society still insists:
Get a plain civil court heirship certificate (no property mention, lower fee).

Q. Does the law, especially in the state of Maharashtra, give the committee of a housing society the freedom to transfer the ownership of a property falling under its jurisdiction, on the basis of the documents as they deem fit? 


If yes, kindly mention the provision(s) under the law supporting it.

Answer:

While the managing committee of a housing society in Maharashtra has powers related to the transfer of shares and interest upon the death of a member, their "freedom" is not absolute. They must operate within the framework of:

1. The Maharashtra Co-operative Societies Act, 1960 (MCS Act, 1960)

2. The Maharashtra Co-operative Societies Rules, 1961

3. The Bye-laws of the specific cooperative housing society

Key Provisions and Committee Powers:

• Section 30 of the MCS Act, 1960: "Transfer of interest on death of member"

  • This is the most crucial section. It clearly states: "(1) On the death of a member of a society, the society shall transfer the share or interest of the deceased member to a person or persons nominated in accordance with the rules, or, if no person has been so nominated to such person as may appear to the committee to be the heir or legal representative of the deceased."

  • Interpretation:

    • If there is a valid nomination: The society shall (meaning it's mandatory) transfer the shares to the nominee(s). In this scenario, the committee's discretion is limited; they are legally bound to effect the transfer to the nominated individuals, provided the nomination is valid as per the rules.

    • If there is no nomination: In this case, the committee has a degree of discretion to transfer the shares "to such person as may appear to the committee to be the heir or legal representative of the deceased." This is where they typically ask for documents like a Legal Heirship Certificate, Succession Certificate, or Letter of Administration to satisfy themselves about who the true legal heirs are, to protect the society from future claims.

• Model Bye-laws of Cooperative Housing Societies: These bye-laws, adopted by individual societies, lay down the detailed procedure for such transfers, often mirroring Section 30. They will specify the documents required. For instance, Model Bye-law No. 34 (often found in newer versions) typically states: "On the death of a Member, the Society shall transfer the shares and interest of the deceased Member in the Capital/Property of the Society to the Nominee/Nominees..." and then details the application process and required documents.

Limits to the Committee's Discretion:

While the committee does have the responsibility to verify the claims of those seeking transfer, their "freedom" is not arbitrary.

1. Mandate to follow Law and Bye-laws: They cannot make up their own rules that contradict the MCS Act, the Rules, or the society's own registered bye-laws. If the bye-laws or the Act specify the process and required documents, they generally must adhere to them.

2. Reasonableness and Good Faith: Their decision-making must be reasonable and in good faith. They cannot arbitrarily demand documents that are not legally required or are unduly burdensome if clear evidence of heirship/nomination is provided.

3. Nomination is Key: As highlighted by Section 30, a valid nomination significantly reduces the committee's discretion. The society is legally obligated to transfer to the nominee. The Bombay High Court has upheld the rights of nominees under Section 30, stating that a valid nomination empowers the nominee to claim the property (though the nominee holds it in trust for the ultimate legal heirs).

4. Dispute Resolution: If there's a dispute among heirs, or if the committee acts unreasonably, the aggrieved party can appeal to the Registrar of Co-operative Societies, who has the power to intervene and direct the society.

In your specific case (with nomination):

Because your mother has nominated both you and your brother with 50% share each, Section 30(1) of the MCS Act is directly applicable. The society shall transfer the interest to you as nominees.

The society's insistence on a Legal Heirship Certificate, despite the nomination, is primarily a risk-aversion strategy. While they can ask for documents to satisfy themselves, they must also consider the clear provision of Section 30.

This is where the Indemnity Bond and Affidavit become crucial. They allow the society to fulfill its obligation under Section 30 to transfer to the nominees while simultaneously providing them with a legal shield against potential future claims from anyone else. It demonstrates that you are willing to take on the legal responsibility for declaring yourselves as the sole heirs.

Therefore, the law does not give them absolute freedom to demand any document they deem fit, especially when a valid nomination exists. They are bound by the Act and their bye-laws, which prioritize transfer to nominees. However, they can demand reasonable documents to ensure the authenticity of the nomination and to mitigate their legal risk.

Q. The property is located in Thane district but not in the city. The exact location falls under the category of "Beyond Thane (City)". So, can the society still ask us to get the will (If any) mandatorily probated?

Answer :

You've hit upon a critical point regarding probate requirements in India, specifically in Maharashtra.

The Law on Mandatory Probate (for Hindus, Buddhists, Sikhs, and Jains):

The requirement for mandatory probate of a Will for Hindus, Buddhists, Sikhs, and Jains is primarily governed by Section 57 read with Section 213 of the Indian Succession Act, 1925.

These sections state that probate is mandatory only in specific circumstances:

1. If the Will is made within the territories that were, on September 1, 1870, subject to the Lieutenant-Governor of Bengal, or within the local limits of the ordinary original civil jurisdiction of the High Courts of Judicature at Madras or Bombay (Mumbai).

2. If the Will relates to immovable property situated within those specified territories/limits, even if the Will was made outside those territories.

What this means for Thane (Beyond City Limits):

Since your property is located in Thane district but outside the municipal limits of Mumbai city, it does not fall under the mandatory probate requirement as per Section 57 of the Indian Succession Act, 1925.

Therefore, legally, the society cannot mandatorily ask you to get the Will probated if there was one.

However, there's a practical nuance:

While not legally mandatory, societies (and even banks or other institutions) sometimes insist on probate even when it's not strictly required by law. This is for their own administrative ease and to completely eliminate any future risk or dispute, as a probate granted by a court is an irrefutable proof of the Will's authenticity and the executor's authority.

Why they might still ask:

• Risk Aversion: A society deals with many members and various legal situations. A probated Will offers the highest level of legal certainty.

• Lack of Awareness: The society's legal advisor might be applying a blanket policy or might not be fully aware of the specific nuances of Section 57 for areas outside the strict presidency town limits.

• Absence of Will (in your case): In your situation, you explicitly stated "there is no will in place." So, the question of probating a will doesn't even arise. If a will were to be "created" now (which you know is illegal), and you presented it, the society would be highly justified in asking for probate, especially given its backdated nature.

Your best approach remains to strongly emphasize the nomination your mother made under Section 30 of the Maharashtra Co-operative Societies Act, 1960, coupled with the Indemnity Bond and Affidavit. This combination should provide the society with sufficient legal comfort to proceed with the transfer, as it addresses both the statutory obligation (due to nomination) and their concern for risk (due to indemnity).

In Maharashtra, while a legal heirship certificate can be helpful, it's not always mandatory to produce it for transferring a cooperative housing society share certificate after the death of a member. 

The society may also accept a nomination, a will, or a succession certificate, depending on the specific circumstances

If the deceased member had nominated someone in the society records, the share transfer can be done directly to the nominee upon submitting the death certificate and other relevant documents, 

This is the simplest and most preferred method for transfer. 

If there's no nomination or the nominee is deceased, the society may require a legal heir certificate to identify and verify the legal heirs of the deceased member.

This certificate, issued by a competent authority, helps establish the relationship between the deceased and the person claiming the shares.

In cases where there's a will but it hasn't been probated (validated by a court), or if there's a dispute among legal heirs, a succession certificate may be required.

The society will guide the legal heirs on the specific documents required based on the circumstances (nomination, will, or absence of both). 

While a legal heir certificate is often helpful, it's not always the sole requirement for share transfer. 

The question of probate of Will shall arise only if there was a Will created by the erstwhile owner, whereas you have mentioned that you will create a back dated Will, which is considered as an illegal act hence not recommended or advised.

Therefore whether it is under Thane or Mumbai, it is not advisable to use a false Will at this stage.

If there is a valid nomination then it is an unjustified demand by the society to demand the legal heirship certificate from the nominees. 

The provision of law for this purpose is appended below for yor information, which may be used to fight against the society if you are not prepared to obtain legal heirship certificate.

Section 25 in The Maharashtra Cooperative Societies Rules, 1961

25. Nomination of persons.

1. For the purpose of transfer of his share or interest under sub-section (1) of Section 30, a member of a society may, by a document signed by him or by making a statement in any book kept for the purpose by the society nominate any person or persons. Where the nomination is made by a document, such document shall be deposited with the society during the member's life time and where the nomination is made by a statement, such statement shall be signed by the member and attested by one witness.

(2)The nomination made under sub-rule (1) may be revoked or varied by any other nomination made in accordance with that sub-rule.

(3) (i)Where a member of a society has not made any nomination, the society shall on the member's death, by a public notice exhibited at the office of the society, invite claims or objections for the proposed transfer of the share or interest of the deceased within the time specified in the notice.

(ii)After taking into consideration the claim or objections received in reply to the notice or otherwise, and after making such inquiries as the committee considers proper in the circumstances prevailing, the committee shall decide as to the person who in its opinion is the heir or the legal representative of the deceased member and proceed to take action under Section 30.

In Maharashtra, especially in areas outside Mumbai, Navi Mumbai, and Thane city, probate of a will is not mandatory unless the society insists. Since your property falls beyond Thane city limits, a registered will without probate may be accepted if there’s no dispute among heirs and the society is satisfied.

Societies do have some discretion under the Maharashtra Cooperative Societies Act, 1960 to decide what documents are acceptable for ownership transfer. But they must act reasonably and without bias they can’t reject practical alternatives like an indemnity bond, NOCs, and Tehsildar’s heir certificate without valid reason.

Ask the society’s legal advisor to refer to Model Bye-Laws 34 & 35 which guide transfer procedures. These allow societies to accept alternative documents if there's no legal bar or pending dispute.

So, no probate is not mandatory by law in your case unless there’s a conflict or the will is being contested.