Can co op housing society stop son from entering into flat

This query is : Resolved 
 

Online (Querist)
21 April 2018

a son of decease member is alcoholic and daily fighting with other members, that family has property dispute regarding said flat, son is daily beating his mother and stop her from entering into house. Is co opertative society law provide any authority to society for puting ban on said son, because no nomination and succession is made by decease member, after several police complaints nothing serious or corrective relief we received from authority.


Kishor MehtaOnline (Expert)
21 April 2018

The Society can file a police complaint for the nuisance to other members, as regards the ownership of the flat it is their personal matter and has to be resolved between the legal heirs, the Society cannot stop any family member from coming to the flat.

SHIRISH PAWAR, 7738990900Online (Expert)
21 April 2018

Society cannot stop son from entering the flat, however society can file police complaint for nuisance created by son. File complaint with woman and senior citizen cell against son.

jeevan deshpandeOnline (Querist)
21 April 2018

thank you pawar sir,
@ mehta sir, if any of his family member apply to society for not to allow their son in property, as there were dispute among them and no will or nomination is convey to society by the decease member, then ?

Kumar Doab (Expert)
21 April 2018

Apparently the Father was member/owner and has deceased...
Even if Father has not signed any nomination..............the succession is a per personal law that applies ...and son is undoubtedly a legal heir....and hence has a share until or unless he disposes his share...

If mother wants or can she may ask this boozer and abusive son to dispose his share in her or anyone's favor by a valid/registered deed e.g; relinquishment deed..and thus check him out...............



Kumar Doab (Expert)
21 April 2018

Record all episodes and submit to police and court and request for injunction....due to daily nuisance, violence

Kumar Doab (Expert)
21 April 2018

Being a son he can come to visit his mother

Therefore either he has to mend his ways and behave properly or state/court is to be approached for order..

Mother can also approach under ;
Maintenance and Welfare of Senior Citizens (MWPSC) Act, 2007
http://socialjustice.nic.in/writereaddata/UploadFile/Annexure-X635996104030434742.pdf

and rules framed by the state under the Act..
IT can offer speedy and cost effective recourse..



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