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Yes the society cannot refuse to transfer the shares to the nominee and you can file a PIL for this practice that is being carried out by the particular housing society in question. Section 31 of the Gujarat Cooperative Society Act, talks about transfer of interest upon death of a person, and it states that on the death of a member of the society, his share or interest in absence of any nomination, be transferred to the heir or the legal representative of the member. The section further provides that no transfer shall be made unless such nominee, heir or legal representative, is duly admitted as a member of the society.

Any nominee, heir or legal representative, is required to be paid by the society the value of the share or interest of the deceased member, ascertained as prescribed. The society is also required to pay all other moneys due to the deceased member. Thus, if the society is just transferring the shares without the consent of the heirs, then this is in violation of section 31 of the Gujarat Cooperative Society Act and the High Court can be approached.

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