Membership in a chs

Amit (Querist) 27 September 2024 This query is : Resolved
The current Managing committee states that upon the death of a member flat can be transferred only if succession certificate is produced or will is probated

The current Managing committee members amongst other members have not got their transfer done by this process. In some cases a NOC from other legal heirs was taken and the named were endorsed on the share certificate.

Can the current Managing committee be asked to rectify the mistake of the previous commitee?
Can the current Managing committee members continue to hold their post in the managing committee?

This is a society in mumbai.

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Quick Summary

This discussion revolves around the rules for transferring CHS (Co-operative Housing Society) membership after a member's death, particularly in Mumbai. The current managing committee insists on a succession certificate or probated will for transfer, yet some committee members have had transfers done via NOCs from other legal heirs. The core questions are whether the current committee can be held responsible for past 'mistakes' and if they can continue in their posts. The consensus is that legal heirship certificates or succession certificates are essential for legally ascertaining heirs, and while NOCs might have been used previously, legal action can be taken to enforce proper procedures.

T. Kalaiselvan, Advocate (Expert) 27 September 2024
Production of succession certificate or a legal heirship certificate to transfer the share of the deceased owner to the legal heirs is very much essential without which there is no legal possibility to ascertain the legal heirs or the successors in interest to succeed to the estates of the deceased property owner.
Why are you refusing to produce the legal heirship certificate along with NOC fro other legal heirs.

kavksatyanarayana (Expert) 27 September 2024
Yes. Why are you refusing the legal heir certificate and NOC from other legal heirs of the deceased?

Amit (Querist) 03 October 2024
I am a member in the chs.
Current chairman had his flat transferred on the basis of aa NOC (not in original) from his sister.

The present committee insists on transfer with succession certificate or will probate.

Can I ask him to step down and get his transfer done in the proper manner?

T. Kalaiselvan, Advocate (Expert) 03 October 2024
You take legal action against the society demanding the rules and regulations towards the requirement of succession certificate for transfer of shares in the name of legal heirs.
But you should remember that this will be a legal requirement as per succession law

P. Venu (Expert) 22 October 2024
On the demise of the flat owner, the property stands devolved upon the legal heirs. The Society management needs to be guided by the laws of the land in any further action.

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