Legal heir
VINOD
(Querist) 27 October 2016
This query is : Resolved
my son is a nominee in my chs in navi mumbai. i applied for a heirship certificate from the court which has been granted. my son will now be taken as a joint owner in place of my wife who was a joint owner with me and died in 2012. my society is demanding 25000/- to take my son as a joint owner. my question is, this is not a case of transfer but is a case of transmission. do i still have to pay 25k as demanded ? is there a rule in mcs act ? pls advise.
Kumar Doab
(Expert) 28 October 2016
Go thru Society bye laws framed in accordance with and Model Bye Laws.
Generically speaking; This might be the max. amount of fee.
However you should read and relate with bye laws.
Guest
(Expert) 28 October 2016
Mr. Vinod,
Yours seems to be purely an academic query with introduction of some complication of legal hiership.
However, if there is any truth in your story, nobody else other than you can be blamed, as you have created problem by yourself by taking a legal heir certificate from the court. Transmission can be in your own name, not in the name of your son.
You may have to pay the amount demanded by the society, if the provision exists in their byelaws.
Kuummaar AS
(Expert) 28 October 2016
VINOD,
YOU HAVE SAID,
"my son is a nominee in my chs in navi mumbai. i applied for a heirship certificate from the court which has been granted. my son will now be taken as a joint owner in place of my wife who was a joint owner with me and died in 2012. my society is demanding 25000/- to take my son as a joint owner. my question is, this is not a case of transfer but is a case of transmission. do i still have to pay 25k as demanded ? is there a rule in mcs act ? pls advise."
TRANSFER IS A VOLUNTARY ACT OF A MEMBER, BUT TRANSMISSION OCCURS DUE TO THE OPERATION OF LAW
SECTION 30 (CHAPTER III) OF The Maharashtra Co-Operative Societies Act I960 PROVIDES AS FOLLOWS:
30. TRANSFER OF INTEREST ON DEATH OF MEMBER
(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 interest on 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 member :
Provided that, such nominee, hen or legal representative, as the case may be, is duly admitted as a member of the society :
Provided further that, nothing in this sub-section or in section 22 shall prevent a minor or a person of
unsound mind from acquiring by inheritance or otherwise, any share or interest or a deceased member in a society.
(2) Notwithstanding anything contained in sub-section (1), any such nominee, heir or legal representative,
as the case may be, may require the society to pay to him the value of the share or interest of the deceased member, ascertained in accordance with the rules.
(3) A society may pay all other moneys due to the deceased member from the society to such nominee,
heir or legal representative, as the case may be.
(4) All transfers and payments duly made by a society in accordance with the provisions of this section, shall be valid and effectual against any demand made upon the society by any other person.
FOR GETTING ADVICE, PLEASE INFORM POSITION IN BYE-LAWS/RULES AND REGULATIONS APPLICABLE TO YOUR SOCIETY.
Rajendra K Goyal
(Expert) 28 October 2016
Repeated query:
http://www.lawyersclubindia.com/experts/Heirship-certificate-617681.asp
http://www.lawyersclubindia.com/experts/Heirship-certificate-578991.asp
http://www.lawyersclubindia.com/experts/Heirship-certificate-577981.asp
http://www.lawyersclubindia.com/experts/Legal-heirship-certificate-581541.asp
http://www.lawyersclubindia.com/experts/Heirship-certificate-582521.asp
http://www.lawyersclubindia.com/experts/Heirship-certificate-617421.asp
http://www.lawyersclubindia.com/experts/Heirship-certificate-617421.asp
Kumar Doab
(Expert) 28 October 2016
Why so many repetitions?
Guest
(Expert) 28 October 2016
Repetitions can be only in frustration to fetch answers to solve his academic query.
Kumar Doab
(Expert) 28 October 2016
Approach a very able counsel specializing in such matters and share your issues in confidence.
LCI Expert Mr. Hemant Agarwal is from Mumbai and handles such matters.
Hemant Agarwal
(Expert) 29 October 2016
IN ANTICIPATION, THAT THIS QUERY WILL NOT BE REPEATED REPEATEDLY:
SIMPLE:
1. Society is lawfully entitled to recover only "Membership Enterance Fees of Rs. 100/-" for transfer of part of membership, belonging to deceased member. PERIOD.
2. Society is NOT entitled to recover "Membership Transfer Fees" of Rs. 500/- and/or "Share Transfer Premium" of Rs. 25000/-" for transfer of part of membership, belonging to deceased member, more so on account of court granted "Legal Heir Certificate", which is overrides the Society Nomination form. PERIOD.
3. File grievance petition before the local Consumer Court against the Society and further claim damages and compensation, for refusal of membership transfer, delayed beyond 90 days.
4. Further with a little legal strategic twist, the jurisdiction of Criminal Court, can also be evoked against "ALL" the Society Mg.Committee, for demanding or trying to extort more money and compelling you for wrongful loss.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Kumar Doab
(Expert) 29 October 2016
Reference to LCI Expert Mr. Hemant Agarwal, Mumbai has been worth it.
His response in his post is crystal clear.
Fully agreed and appreciated.
Kumar Doab
(Expert) 29 October 2016
"IN ANTICIPATION, THAT THIS QUERY WILL NOT BE REPEATED REPEATEDLY:"
Totally agreed on it also.
Still if there are any difficulties faced, the author may engage expert with such expertise in such matters: Mr. Hemant Agarwal, Mumbai.
T. Kalaiselvan, Advocate
(Expert) 30 October 2016
I agree with the opinions of expert Mr Hemant Agarwal in this regard.
The demand made by the society is in accordance with law.
This demand might have been made by ignorance of law or due to over anxiety or due to misconception/misguidance.
You can fight it out properly as suggested.
VINOD
(Querist) 30 October 2016
thank you so much Hemant agarwal sir. please have your site working so that many like me benefit from your valuable advises.an answer like yours will not have ppl like me repeat their queries.
Dr J C Vashista
(Expert) 31 October 2016
The society has no right to demand any money from a member, who got legal heir certificate through the court order.
I appreciate and fully agree with the expert advise of Mr. Hemant Agarwal with respect to demand raised by CHS for "share transfer premium" of Rs. 25,000/- is not in accordance with law i.e., it is an illegal and unauthorised demand.
Guest
(Expert) 31 October 2016
Dr. Vashista ji,
The society has not demanded Rs. 25,000 for transmission to the author's name, but for transfer of 1/2 share to his son's name, who is also a nominee, as author has stated, "my society is demanding 25000/- to take my son as a joint owner."
Evidently, the complication has been created by the examiner of the students in creating a hypothetical academic query, as possibility in any practical situation cannot be expected. Nobody goes to court for getting decision on heirship without any dispute, while his son was otherwise also eligible for 1/2 share along with him, which he also wants.
The author has not made any mention, why he approached the court to be declared as a heir, when there was no dispute and he himself wanted his son, the nominee also, to be the co-owner of the property of the deceased wife.
Rajendra K Goyal
(Expert) 31 October 2016
He should lodge complaint with the consumer forum.
Kumar Doab
(Expert) 31 October 2016
Author,
If the site is not working, get in touch with Expert Mr. Hemant Agarwal and consult in person.
Kumar Doab
(Expert) 31 October 2016
In other threads author has mentioned that he does not want to mention the details of the property in application for legal heir certificate.
All threads were addressed.
Author may get in touch with Expert Mr. Hemant Agarwal.
Rajendra K Goyal
(Expert) 01 November 2016
May move as advised by the expert Kumar Doab.
Kumar Doab
(Expert) 15 November 2016
Another issue is posted at:
http://www.lawyersclubindia.com/experts/Nominee--623061.asp
Dr J C Vashista
(Expert) 16 November 2016
If you are dissatisfied with the response of experts FREE OF COST on this site, I would advise you that you should have sought professional service of a local lawyer.
However, I am failed to understand why the people are so crazy and stupid to repeat same query time and again wasting time, efforts and energy of experts on this platform without payment of due fees.
Guest
(Expert) 16 November 2016
Here the Services are Only Honorary and Should Not Mean it As "FREE OF Cost".There may be So Many Reasons for the Querist/ Author to Re Present the Same Query As Well Understood by Senior Expert Mr.P.S.Dhingra Sir in his Second Post in this Same Thread.For that Reason the Querist/Author Should Not be Commented with Words Like"Crazy" and "Stupid" Etc which will Not be Admissible in Courts Also.
Kumar Doab
(Expert) 16 November 2016
You saved many thousand rupees with precise advise of LCI expert Mr. Hemant Agarwal in thread mentioned to you.
He is at your location. You can always get in touch with him.
All of your issues can be addressed by the expert specializing in such issues.
You need to share full facts.
Guest
(Expert) 16 November 2016
Some times Orders get Posted here repeatedly for 5 times .
Guest
(Expert) 16 November 2016
Dear Shri NJS Rajkumar,
You know well, habits die hard.
