Liability of heir to housing society

Scientist/Engineer

Society will not move court. They have no case to move the court. If at all they move the court, the heir will receive notice. Or rather the notice would be to the name of the deceased member.  What action the heir can do will depend on what is stated in the notice. The heir doesn't want to go to court and 29 years have passed thus. I do not think the heir has acted wisely so far. If he is afraid of going to court he will lose the case. I have 50 years of experience in dealing with the office of the Registrar of co-operative societies. They are not indifferent as you say. You have not done things properly. Or you are hiding many things from me. Even after my messages you do not want to act. Is the heir only legal heir, or are there other claimants also. You are saying that the Society is showing the deceased member as the member of the Society. That is because you have not submitted the death certificate to the Society. In Society's records the original member is still alive. That is why they are charging arrears with penal interest. That is why they did not accept the cheques of the heir. Even if the heir pays the amounts demanded by the Society, they will issue receipt in the name of the diseased member only.

If you do not act in a proper logical manner no one can help you.

 
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Sir,  the death of member was immediately  informed to society in year 1989 itself and at least three (3) more times there  after  in years 1996, 1998, and in 2000  by the heir . On each occasion  death certificate of the deceased member was attached . Even in their financial statements , the schedule detailing " dues from members " shows titles such as " late,------ " , " estate of late -----" against name of deceased member  leaving absolutely no room to what you are assuming  that might have happened in this case.  Despite submitting  auditors report of year 1983 , and managing committee report for that year that deceased member had in fact nominated someone for his house  prior to his death in year 1989 , Society  has not made the nominee as member so far.  

Whatever may be the situation , the sec 30 of m st. Coop society act 1960 , which is mandatory in nature, doesn't allow vacancy in membership to continue for such a long period of time . Registrar however states that such a prolonged vacancy in  membership of society is in order. This , the heir contends ,is the blatant violation of the act ,rules, and the bye laws of society. And both the auditors and the registrar are responsible for such a sorry state of affairs .therefore ,Sir,  with due respect to you ,the heir and I find it difficult to believe  that these officers are not lethargic. The sole heir had made the application for membership and had not withdrawn it till date. But the heir had pointed out a strange thing in society a/c  that the arrears shown against his house in bills and a/c statements  is much more than the total dues from all members taken together as reported by the auditors under heading " dues from members " .for which society has not offered any explanation till date . 

I personally feel that the insistence by the heir to verify the accounts, and documents of society  before becoming member of society and the fact that the society is exposed for fabricating the accounts and the records ,is and the only reason to meet out such a treatment to the heir. 

 

 
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Scientist/Engineer

You say:

“Member expired in year 1989. Sole heir was associate member and also the nominee but nomination papers were lost.  Society records were destroyed by white ants so they claim.”

So the situation was the same as it was if the deceased member had made no nomination.

You further said:

“Society informed that Associated membership expires with the death of the member.”

What the Society said was right. Associate Membership will expire on the death of the main member.

You report further

“Heir made application for membership in July 1990.  But it was not even accepted by Society. No reason was ever given. Registrar of coop society did not respond in the matter.

The “heir” has no locus standi to claim membership. His nomination papers were destroyed and hence he was not a nominee as per records. He has no claim for membership as nominee. You claim that he is heir. Did he say in the application that he was heir?  Even if he had written so, how can Society accept that without legal evidence?  The Registrar also did not act for the same reason. It was not because he was lethargic.  As I already said the only recourse for the so called heir is to go to court and get succession certificate. Let him apply for membership with succession certificate. Neither the Society nor the Registrar dare oppose his application.

You have no knowledge of law. You do not want to consult lawyers. If you proceed in this manner even God cannot help you. I am sorry to say this. If you want come to me. I shall straighten up everything. You need not give a single paisa.

 
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RETIRED JUDICIAL OFFICER

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email for detailed legal advise.

 

with regards,

Kishan Dutt Kalaskar

 
Reply   
 
RETIRED JUDICIAL OFFICER

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email for detailed legal advise.

 

with regards,

Kishan Dutt Kalaskar

 
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Sir , I have already put up data / information on record with the consent of heir which is 100% true.and accurate.The M.ST.COOP. SOC.ACT 1960 , provides resolution of disputes under sec 91 of act .The dispute must be between certain class of persons as enumerated in sec 91 of act.Can a heir of deceased member be equated with  " a person claiming through a member " or " a person claiming to be a member " ?  What is the difference between these two terms ? Is a heir a person as required under sec 91 of act ?      Associate membership expires with the death of the member . A heir gets only a  "right to become a member "  Does it mean that  as soon as a member expires , his relatives / dependents lose their right ( if any ) over the house?         If this is so , it will then allow a group of members ( called Managing Committee )  to harrass and to deny Transmission of house to heir on any filmsy ground to extract money from heir very much against the spirit of sec 30 of the act . Is there any way to stop such misuse of sec 30 of the act ?         Hence the query--- What is the liability of heir for payment of outgoings of a housing society ?

 

 
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Scientist/Engineer

The Society has a charge on the flat for amounts due to them. In other words, anyone who claims ownership of the flat has to pay the dues to the Society.  If the heir abandons the claim or does not want to claim ownership of the flat, he has no liability to the Society. What is the dispute of the heir (1) the flat is not transferred to his name (2) he is asked to pay the arrears with interest or both (1) and (2)?

Section 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 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.

In your case there is no valid nomination. So the underlined provision becomes operative. The underlined words give discretion on the part of the committee to accept you as heir or not.

As "you do not appear to be the heir" to committee, the only alternative available to you is to obtain a succession certificate.

Under Section 91(b)

a member, past member or a person claiming through a member, past member or a deceased member of the Society, or a society -------

The underlined words will apply to your case.

In sum and substance you cannot do anything until you obtain a succession certificate. After obtaining the succession certificate even before going to the co-operative court, you can file your complaint with the Registrar.

There is no other alternative available to you. Without doing your own home work, do not blaim the Registrar.

 
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Sir, there is now some confusion.       Heir states that in July 1983 ,the auditors who audited the soc. a/c reported that the deceased member had nominated someone for his house in society . The managing committee of the material time also admitted that the deceased member in fact , had nominated for his house .Heir had submitted copies of these papers to M.C. and asked it to disclose nominee.Society avoided to disclose the nominee saying that the records were destroyed by white ants . They however , ACCEPTED the son of deceased member as Heir and there is no dispute about it .

The question of  heir claiming through a member , past member doesn't arise because the member or the past member should be alive      The heir claiming the membership rights through a DECEASED MEMBER is also not possible because the membership rights of a member get terminated on his death . You have rightly said that the heir can claim membership rights only after he becomes a member of the society .   Sir , under these circumstances, the society was duty bound under sec 30 of act ,to make heir a member of the society  which they have deliberately avoided .

When a person expires, his assets and liabilities existing as on day of his death  get transferred in the name of heir/s or legatee. However, money claims due from deceased person  as per law of limitation survive only for three years and not beyond that. But society now claims the amount which was due to it from deceased member in year 1989.. When heir is not made a member of society , how can it claim money from heir ? 

Heir doesn't wish a legal clash with society and wants to settle the issue amicably. Society is reluctant and  wants heir to pay  huge amount in the matter . 

 
Reply   
 
RETIRED JUDICIAL OFFICER

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email for detailed legal advise.

 

with regards,

Kishan Dutt Kalaskar

 
Reply   
 

Sir, there are not many documents in present situation. Hence with the consent of heir  only FACTS are put up for consideration . Name and address of heir are held up to avoid any harm to heir .

1- building was constructed by a builder from whom people  purchased houses  and later formed a coop. Society.( tenents copartnership) .The conveyance of building is in the name of society.

2- The father of Heir purchased a house in said society  from a member in resale entirely from his own funds .He also became a member of said society.

3-Some where in 1982-1983 , he nominated his only son who was also an  associated member for his said house.

4- The member expired in year 1989. Heir made an application for membership  in July 1990 on the basis of his being a nominee and also associated membership. Society did not respond .It also stopped accepting and  encashing cheques issued by heir. 

5- On following up ,society informed that records of nomination was destroyed by white ants, that some amount was due from the deceased member, that associate membership expires with the death of the member.This was in year 1998.

6- Heir submitted copy of 1993 audit report and M.C. report which said that the deceased member had in fact nominated for his house. Society did not respond but ACCEPTED  the sole son of the deceased member as HEIR of the deceased member. 

7- Now , the society terms heir as " OCCUPANT " of house and claims arrears of outgoings of society with 21% interest compounded at monthly rest.  even when it had never passed any resolution to charge interest @21%  claiming that no objections from other members for such rate of interest amounts to their consent for it.

Hence the query

1- What is the liability of heir to housing society ? 

2- Whether law of limitation 1963 applies in this case ? 

3- Whether society can evict heir from the house ? 

 

 
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