Transfer of flat after death of a member

Ask him to get a succession certificate or legal heirship certificate

Please post more details:

1. Whose name the Flat is held (claimant's mother's single name or joint name

2. What is the present age of the claimant

3. Is there any other legal heirs. ALso was the son residing in the Flat during the life time of the
    deceased.

4. if the deceased has only the Flat or any other property

5. Location of your society (Mumbai or any other location)

Vasudevan

sir,

1. Mother's name (single)

2. 25 yrs +

3.No idea about the other legal heirs. He was staying with her.

4.Only this flat.

5.Nallasopara (W), Tal-Vasai, Dist-Thane.

1. Give notice in 2 local news papers inviting claims and objections.

2. Get an iNDEMNITY BOND AND AFFIDAVIT FROM HIM in the required format as per the bye-laws of the society.

3. Moreover since when his father is not heard of - it should be more than 7 years.

4. Get the original death certificate of the mother.

 5. If the society is satifsfied about the genuineness of his claim then taking the above steps the flat can be transferred in his name

But there is no proof that he is only son of the mother.

Also the flat is having bank loan and now bank has send him notice u/s 101 for recovery of outstanding (copy submitted to Society) . In this case which documents required from the bank? NOC etc.

The Society’s interest as to whom the flat should be transferred is limited to the following:

(1)   Someone should take the responsibility to pay the dues to the Society from time to time.

(2)   No pretender, intruder or an undesirable element should trespass into the Flat and claim ownership.

With the above principles in mind Byelaw No.37 of the Model Byelaws says how to deal with the situation when a member dies without making any nomination or making any Will. But the prerequisite to proceed as under this byelaw is that the Society should have authentic information regarding the death of the member. Hence Society can proceed further only if they get the death certificate of the deceased member. If the claimant could not produce death certificate, ask him that if he is interested in the property, to bring authentic proof of death.

As far as the Bank loan is concerned the Society has no liability, unless some ignoramus Secretary or other Office Bearer has unnecessarily committed the Society also to pay back the loan. Otherwise ask the Bank to search out the debtor and get back the loan from  him/her. If everything fails ultimately the shares and interest of the deceased member shall vest in the Society and the Society will then be liable to discharge the liability to the Bank. There are laws regarding how to proceed in such a situation.

If proof of death becomes available first ask the claimant to get NOC from the Bank and then follow byelaw No.37.

For : Dinesh Kargutkar,

For the safety of the society managing committee members and more so specifically when there are no documentary evidences available,  lawfully the society should not transfer the membership to whom-so-ever, until and unless the claimant son, obtains a  "Letter of Administration"  from the Mumbai High Court (Testamentary & Intestate Jurisdiction).

The Society should write to the claimant Son, to file petition in the Mumbai High Court (Testamentary & Intestate Jurisdiction) and obtain the said  "Letter of Administration"    .AND.  based on such order, the Society may safely transfer the right, title & membership of the said property to the claimant son, after further obtaining the appropriate Indemnity Bond on a 200/- stamp paper plus other transfer documents.

CAUTION : IF the CHS transfers the said membership of the flat in the claimant Son's name, without the "Letter of Administration",   AND in future somebody else comes up with a claim, the CHS managing committee shall be held responsible u/s 73 of the MCS Act.

Keep Smiling .... Hemant Agarwal

I am reproducing below byelaw No. 37

 37.  Where a  member of the society  dies  without  making  a  nomination the society  shall  invite,  within  one  month of his death,  claims  or objections to the proposed  transfer  of shares  and interest  of  the deceased  member in the capital/property of the society  by a  public  notice,  in the prescribed form,  exhibited  on the notice  board  of the society.  lt shall  also  publish  such notice  in at least  two local news  papers,  having wide  circulation. The entire expenses  of  publication  of  the notice  shall be  recoverable  from the value of shares  and interest  of  the  deceased member  in  the capital/property  of the society.  After taking  into  consideration  the claims  or  objections received in  response  to  the said notice,  and after making  such enquiries as  the committee  considers  proper,  in the circumstances  prevailing,  the committee shall  decide  as  to  the  person who  in  its  opinion,  is  the  heir  or  legal  representative of the deceased  member.  Such a  person  will be eligible  to be  a  member of  the society  subject to  the provisions  of the bye-laws  Nos.17(a) or 19  provided  that  he  gives along  with  his  application  for  membership  in  the  prescribed form,  an indemnity  bond  in  the prescribed  form,  indemnifying  the society against  any claims  made  to the shares  and  interest  of the deceased  member in the capital/property  of the society, at any  time  in future.  lf there  are more claimants  than one,  they shall be asked  to make  the  affidavit  as  to who should  become  a  member  of the society  and such  person,  named  in the affidavit  shall  furnish  the  indemnity  bond  as  indicated  above  along  with  application circular for  membership,  referred to  above. lf,  however,  the  committee  is  not  able to decide  as to the person,  who is the heir/legal  representative  of the deceased member,  or  the claimants  do  not come  to  an agreement,  as  to who should become the  member of  the  society,  the  Committee  shall  call  upon  them to produce  succession  certificate  from the Competent  Court.  lf, however,  there is  no  claimant, the  shares and  interest of  the  deceased member  in  the capital/property of the Society shall vest in the Society.

This is from Model byelaws approved by the Commissioner for Co-operation as well as the Federation. In fact there is also byelaw corresponding to Section 73 of the Co-operative Societies Act. Actually the particular byelaw precedes Section 73 by several years. If any claimant comes up later, the dispute would between him and the existing member. Only the new claimant has to be asked to produce court order to enter his name in the books of the Society.

If there has been a court verdict holding the Managing Committee members responsible under Section 73 or otherwise in similar circumstances, I would like to see.

Dear sir ,

i have more or less same issue .

 

i am living in borivali in my sister flat , who was died in the month of February , she was not made any will or nomination ,as it was sudden demises.

Now we need this flat to be transfer on her husband names nd we have submitted application as well death certificate plus ,ration card and passport copy 

 

they are staying in USA while she was died in India and all family members were with her at the time .

 

society is not transferring and asking to contact lawyer,please advice ,

 

Dipak jain

@Dipak Jain: Upon the intestate death of your sister, her legal heirs are entitled to equal share in her property, whether movable or immovable.  In this case, what about the children of your deceased sister.  Since they are also entitled to a share in the property, all the legal heirs are required to jointly write to the society to transfer the shares of the property on their names or to any one of them authorised within themselves. First inform the society officially about the death of the title holder by attaching the death certificate as stated above, you will come to know about other formalities subsequently.

Hi. My brother has passed away and he has nominated me and two sisters as his heirs in the flat. Now i want to stay in the flat with my family while my other sisters are in abroad , the society is asking me for NOC and aadhar card etc for the same. Is this required?? I�m not in talking terms with one of them and i just wish to stay there for a while. As per the byelaws , blood relatives are allowed to stay with submission of an intimation letter. I have submitted them a letter which they�re not acknowledging or receiving even in person. Sent them through watchman as suggested by them, they�re refusing to accept it. What is the legal purview related to same? I�m not transferring or selling the flat, just staying there.

All three of you should make joint application to the Society to be made as members. One of you will be made member and the other two will be associate members. You have to decide among you three as to who will be member and who all will be associate members. Once you have been admitted as membera any of you and all of you can stay in the flat. Normally the first named member will be liable to pay the dues to the Society. After the death of your brother, who is staying in the flat now? In which State are you?