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Membership of cooperative society to legal heir of member

(Querist) 14 May 2018 This query is : Resolved 
Dear Members,

One of the member of a housing society in thane (Maharashtra) has expired. He is the only owner and there is no nomination paper filed by him.

As a managing committee of the society, what documents should be availed to determine his legal heir and thereby transfer the membership to the new heir.

Guest (Expert) 14 May 2018
What your society's bylaws speak? Please check that.
Kishor Mehta (Expert) 14 May 2018
The rules governing the situation are descriptively and explicitly stated in the Model Bye-laws of Cooperative Housing Societies. You may refer it for the solution to your query.
SHIRISH PAWAR, 7738990900 (Expert) 14 May 2018
Ask legal heirs to get legal heirship certificate from court.
Ms.Usha Kapoor (Expert) 15 May 2018
Check with model bylaws. Also get legal heir certificate from court or local Tehsildar.
Ms.Usha Kapoor (Expert) 24 June 2018
I stick to my above view.
Guest (Expert) 24 June 2018
Seems to be merely an academic query. It is not understood, why at your own you are interested to transfer the flat to someone, when none of the legal heirs has applied for transfer?
Hemant Agarwal (Expert) 26 July 2018
1. The Society may ask the known Legal Heirs to submit the following (if there is no dispute):
a) Proper Application of Name of person to whom the membership has to be transferred.
b) Irrevocable Indemnity Bond by every legal heir, in favor of Society
c) Transfer Forms (4, 23 as prescribed in the Society bye-laws)
d) Relevant Transfer Fees ( 100 + 500). No Share Transfer Premium shall be applicable.
e) Original Death Certificate of Deceased member
f) Ration Card, Birth Certificate, PAN & Aadhar Card of person claiming membership, which will prove relationship of him with the deceased.

Keep Smiling .... Hemant Agarwal

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