How did the deceased member get the flat? Did he purchase it from a builder or from a previous member or was it alloted by the co-operate society of which he was a member? Or did he inherit the flat? If there is a stamped conveyance deed in the name of the deceased member was the flat jointly purchased by the deceased member and the heir? What was the relationshp between the deceased member and the heir, son, brother or any other? On what basis was the heir made Associate Member? Was he a close relative of the member or had the heir also contributed for the purchase of the flat?
The position in Maharashtra is like this: Under the Model bye-laws an Associate Member automatically ceases to be any kind of member on the death of the main member. Under Section 30 of the Maharashtra Co-operative Societies Act, 1960 the Society shall transfer the flat to the nominee, if there is one. If there are no nominees, the Society can transfer the flat to the person, who appears to the Society as heir of the deceased member. This is a tricky question, because an heir cannot demand the Society to transfer the flat. Only the Society can decide whether to transfer. If the heir gets a succession certificate, then he can demand the Society to transfer the flat to him. Anyway even the heir was a nominee he cannot become owner of the flat without a succession certificate or a probate.
Whether penal interest can be charged will depend on many things. Anyway only simple interest can ne charged. The maximum rate of interest that can be charged is stipulated in the byelaws. But even then General Body has to pass a reslolution specifying the interest that is chargeable below that specified in the byelaws. Has General Body passed a resolution? If no resolution has been passed, no interest can be charged.
You have to address your complaint to the Assistant Registrar/Deputy Registrar pertaining to your Municipal Ward in Mumbai. Generally the Registrar does take action if you properly present your case.
I am very much older than the heir. I have also diabetis and arithritis. I also stay on the second floor in a building with no lift. Anyway those things do not deter me. If you want my help, please send me a PM giving your Telephone number/email id.