Society transfer

rajesh (Querist) 18 June 2013 This query is : Resolved
i am members of a managing committee of a co-operative housing society.
A case has come in the office, where the owner of the house has passed away. The wife and children of the deceased have approached the society to give an NOC to sell off that house. what are the precautions which we need to take?

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ajay sethi (Expert) 19 June 2013
first get the flat trnasferred in name of wife and the children . you have not mentioned whether any will has beene xecuted by deceased . if will executed insist on probate for transfer and sale of flat . if now iwll then ask for succeession certificate .

rajesh (Querist) 19 June 2013
Thanks Ajay Sir

Dr J C Vashista (Expert) 21 June 2013
Had the deceased member nominated any one, find out from "Register of Nomination" maintained in the society. If yes, proceed to transfer share accordingly, otherwise, direct the legal representatives to obtain sucession.
Although, Cooperative Societies Act is a state subject and differ slightly but generally similar. Whatsoever,the society cannot issue NOC for disposal of flat.

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