East Bengaluru buyer answers

Does a housing society nomination replace a will?

Direct answer: No. In the nomination vs will property question, the will decides who owns your flat; a nomination only tells a society, association or bank whom to deal with after your death. The Supreme Court has held that a nominee isn't the owner and heirs keep their rights. To leave the flat to someone specific, write a valid will.

Disclosure: acre&key’s advice is free to buyers.

Verify with your lawyer: this page is general information, not legal advice. Succession depends on your personal law and facts, so have a lawyer draft or review your will.

Key takeaways

• A nominee is a caretaker, not an owner, unless they're also your heir or named in your will.
• Supreme Court, 2016: a co-operative society must transfer membership to the nominee, but that has "no relevance" to title between heirs (Indrani Wahi).
• Supreme Court, 2023: nomination doesn't override succession law (Shakti Yezdani, on shares).
• A will needs two witnesses (Indian Succession Act s.63). Registering it is optional but helps.
• Our KEEP check: know your heirs, execute a will, enter nominations, place the papers.

Many flat owners fill in a nomination form with the association, the bank or the loan insurer and assume that's settled. It isn't. This page explains the difference and shows, with numbers, what happens when there's a nomination but no will.

What does a nomination actually do?

It tells an institution whom to hand something to, so it isn't stuck waiting for court papers. It doesn't decide who ends up owning it.

• Co-operative housing society. In Indrani Wahi v Registrar of Co-operative Societies (Supreme Court, 10 March 2016, under West Bengal's law), the court said the society must transfer the share to a valid nominee. It added that this "would have no relevance to the issue of title" between heirs, who could still pursue their claims.
• Shares and securities. In Shakti Yezdani v Jayanand Jayant Salgaonkar (14 December 2023), the court held that nomination doesn't make the nominee the absolute owner or override succession law.
• Apartment associations in Bengaluru. Most flats here are owned outright under a registered sale deed, with an owners' association managing common areas. An association's nomination form is an instruction to the association, not a transfer of the flat.

Worked example 1: a nominee but no will

Illustrative. A Hindu father owns a ₹1.2 crore flat in his sole name and has named his son as nominee with the society. He dies without a will. His widow, son and daughter survive him; his mother died before him.

Under Section 10 of the Hindu Succession Act, the widow, each son and each daughter take one share:

With only the nomination, the son may hold the membership but owns a third. Only the will gives him the flat.

Worked example 2: a jointly owned flat

Illustrative. A husband and wife own a flat 50:50. The husband dies without a will, leaving his widow, a son and a daughter (his mother died before him). Only his half passes by succession.

Joint ownership doesn't automatically mean the survivor gets everything. If that's what you both want, each of you needs a will saying so. If one of the heirs lives abroad or can't sign, selling later gets harder; our answer on inherited flat documents covers that.

What makes a will valid?

• Signed by you, in a way that shows you mean it as your will.
• Attested by two or more witnesses, each of whom saw you sign (or heard you acknowledge it) and signed in your presence (Indian Succession Act 1925, s.63).
• Registration is optional under the Registration Act 1908, but a registered will is harder to dispute and easier to find.
• Probate is no longer compulsory anywhere in India after the Repealing and Amending Act 2025 removed Section 213 (Indian Express, 28 Dec 2025, news). Banks and registrars may still ask for it.

The KEEP check (our framework)

1. Know your heirs. Who inherits if there's no will, under your personal law?
2. Execute a will. Two witnesses; describe the flat by its deed details.
3. Enter nominations. Name the same person with the association, bank and insurers, so the paperwork matches the will.
4. Place the papers. Register the will or keep it safe, and tell your executor where it is.

Checklist

• Ownership checked on the sale deed: sole, joint, and in what shares
• Heirs listed under your personal law
• Will drafted with the flat's deed and schedule details
• Two witnesses who aren't beneficiaries
• Will registered or safely stored, with the executor told
• Nominations with the association, bank and insurer match the will
• Will reviewed after marriage, birth, death, or a new property

Your will should match what the legal checks show about the title, and the khata should be in order (see A, B and e-khata). If you're buying now, decide on ownership shares at the start; our buying process guide, first 90 days, home loan questions and NRI guide help. For lifetime transfers, see our answers on gift deeds and joint home loans.

Related reading on this site: documents for an inherited flat, a gift deed within the family, and joint home loans and co-ownership.

Legal note: this page is general information, not legal advice. Succession depends on your personal law and facts, so have a lawyer draft or review your will.

Frequently asked questions

Does a nominee become the owner of a flat?

Not by being a nominee. The Supreme Court held in 2016 that a society's transfer to a nominee has no bearing on title between heirs, and in 2023 that nomination doesn't override succession law.

Which wins, the will or the nomination?

The will, if it's valid. A nominee who isn't the beneficiary under the will holds things for the people entitled to them under the will or succession law.

Do I need to register my will in Karnataka?

No. Registering a will is optional under the Registration Act 1908. It does make the will harder to challenge and easier to locate later.

How many witnesses does a will need?

At least two, under Section 63 of the Indian Succession Act. Each must see you sign or hear you acknowledge your signature, and sign in your presence.

If a flat is jointly owned, does the survivor get it all?

Not automatically. Only the deceased's share passes, by will or succession. In our example, a widow ends up with 66.67% and each child with 16.67%.

What is the KEEP check?

It's our four-step plan: know your heirs, execute a valid will, enter matching nominations everywhere, and place the papers where your executor can find them.

Talk it through with acre&key

If you're buying a flat and want to set up ownership and shares sensibly from day one, we can walk you through the options. Book a consultation with acre&key.

Lawyer note: this page is general information, not legal advice. Succession depends on your personal law and facts, so have a lawyer draft or review your will.

References

Checked 19 Oct 2026.

1. Supreme Court, Indrani Wahi v Registrar of Co-operative Societies, C.A. 4646 of 2006, 10 Mar 2016 (copy): https://taxguru.in/wp-content/uploads/2016/10/Indrani-Wahi-SC.pdf
2. Supreme Court, Shakti Yezdani v Jayanand Jayant Salgaonkar, C.A. 7107 of 2017, 14 Dec 2023: https://api.sci.gov.in/supremecourt/2017/3101/3101_2017_7_1501_49073_Judgement_14-Dec-2023.pdf
3. Indian Succession Act 1925 (India Code): https://www.indiacode.nic.in/handle/123456789/2385
4. Hindu Succession Act 1956 (India Code): https://www.indiacode.nic.in/handle/123456789/1713
5. Registration Act 1908 (India Code): https://www.indiacode.nic.in/bitstream/123456789/15937/1/the_registration_act%2C1908.pdf
6. Indian Express, probate no longer mandatory, 28 Dec 2025 (news): https://indianexpress.com/article/explained/explained-law/probate-of-will-meaning-mandatory-10443313/