Deleting of name of deceased member
Siddhi Agarwal
(Querist) 11 January 2015
This query is : Resolved
A society has issued share certificate in the name of three relatives i.e. mother (died intestate)+ son + daughter. Mother has expired on 1.9.2013 intestate and the other members on record in the share certificate has asked for deletion of her name. Pl. suggest the right procedure to be adopted.
Kumar Doab
(Expert) 11 January 2015
Usually the procedure the society follows is to deal with nominee as in records......
Otherwise the nomination can not supersede succession.
As per personal law of the deceased the share shall devolve upon ClassI legal heirs......
The society can proceed to guide the successors accordingly...
Rajendra K Goyal
(Expert) 12 January 2015
Society can ask relinquishment deed from all other legal heirs of the deceased.
malipeddi jaggarao
(Expert) 12 January 2015
All the legal heirs of the deceased member are entitled for inclusion of their names in the share certificate. If son and daughter are only the legal heirs, submit the death certificate and legal heir certificate copy to the society for deletion of the expired mother's name. If others are also there and if they are not interested, obtain the death certificate, succession certificate and also a relinquishment deed by those legal heirs and submit them to the society for doing the needful.
ajay sethi
(Expert) 12 January 2015
make an application to secretary of society . you have not mentioned who are the legal heirs of deceased . on receipt of NOC from other legal heirs flat would be transferred in name of son and daughter .
T. Kalaiselvan, Advocate
(Expert) 16 January 2015
If other legal heirs execute a release deed in your favor, you can very well get all the shares transferred on your name.