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Bye laws of chs

as bye no.35 if a member dies without making nomination there is procedure .in my chs after the death of my father i informed chairman about demise of my father and requst him for transfer he said that there is no nomination therefore you have to produce succesion certificate .i am not in good finacial condition i cant afford sucesion crtificate.i want that society should go throuth the bye law no.35 and all commity meber know my family very well but they are not ready for the same.please advice.

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S Jadhav 98336 98330 (Jadhav & Associates) 05 November 2012

A co-operative society has to follow bye-laws and in case of ambiguity, they have toi resolve issues in a fair and jsut manner in a co-operative spirit. But nowadays, the society committee members are afraid of being punished and hence they are more cautious and there is nothing wrong in the same.

You can approach a free legal aid cell in nearby vicinity who may help you obtain the succession certificate.

alternatively, you can also write to the Registrar and request for the transfer of share mentioning all the detaila and providing documentary evidence including NoCs from all the heirs.

Lastly, you may also live in the flat without getting the shares transferred. After a few years you may get the share certificates transferred by stating that you have been the occupant of the flat without any counterclaim.

S Jadhav