Associate member's rights
Divakar
(Querist) 06 December 2016
This query is : Resolved
Can a associate member whose name added later in the share certificate and who is not co-owner or joint owner become owner if ordinary or primary member dies?
adv.bharat @ PUNE
(Expert) 07 December 2016
No he can't be member.
Your society bye law provide it.
Kumar Doab
(Expert) 07 December 2016
The legal heirs shall inherit post death of owner and shall be owner to the extent of inheritance.
P. Venu
(Expert) 07 December 2016
Membership of the Society need not be synonymous with title to the property.
Kumar Doab
(Expert) 07 December 2016
Membership, nomination ..............nothing is not parallel route to succession.
Succession is as per personal laws applicable to deceased owner.
Rajendra K Goyal
(Expert) 07 December 2016
After demise of owner, his legal heirs would inherit the property irrespective of the fact they are associate member or not.
Hemant Agarwal
(Expert) 08 December 2016
1. IF a person whose name does not appear in the Flat Sale-Agreement, THEN such a person CANNOT be made a "associate member" for any purposes.
2. It could be a Criminal offence, IF such person (non-owner associate member) tries to sell any such property. The Mg.Committee shall also be liable criminally.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Kumar Doab
(Expert) 08 December 2016
Mr. Hemant Agarwal has provided valuable inputs.
Rajendra K Goyal
(Expert) 08 December 2016
Agree with the expert Hemant Agarwal.
Rajendra K Goyal
(Expert) 08 December 2016
Agree with the expert Hemant Agarwal.
Divakar
(Querist) 09 December 2016
What I could understand from all the experts is an associate member can not become owner if primary member dies. The ownership rights goes to Nominee or Legal heir named.
As per the society bye laws, an associate member's liabilities are limited to attending meetings, voting and representing the primary member in his absence.
Kumar Doab
(Expert) 09 December 2016
Nomination is not parallel route to succession.
Hemant Agarwal
(Expert) 10 December 2016
"Divakar"
1. YOU said "The ownership rights goes to Nominee or Legal heir named".
NOT possible, unless there is a Registered Sale Deed .OR. a Will, .OR. a Gift Deed, .OR. a Relinquishment Deed .OR. a Court decree .OR. a . . . .
2. YOU said "associate member's liabilities are limited to . . . . "
NO. The Associate Member has "NIL" liabilities. The Registered Property Title-Owner/s alone are "liable for the Liabilities", which can lead to Recovery /Attachments.
By Legal fiction in the MCS Act, the Associate Member has been given "privilege" to "attend meetings, voting and representing the primary member in his absence". Such "privilege" lapses (by legal default) and becomes infructuous with the demise of the Primary /Joint member.
3. IF "Transfer of Property" takes place to a non-Owner aka Associate Member aka Nominee, without following appropriate procedure of law, THEN it would violate the Stamp Act, The Registration Act and also become punishable under the Benami Transaction Act.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Kumar Doab
(Expert) 10 December 2016
Mr. Hemant Agarwal has provided further inputs.
Dr J C Vashista
(Expert) 11 December 2016
I agree with expert advise of Mr. Hemant Agarwal to the extent that an associate member can attend meetings on behalf of member without any liability/responsibility, which lapses with demise of member.
The voting right is exclusively used by member or any other person authorised by the member. But the associate member can not vote on behalf of member until authorised by member.
Title of the property can be transferred in a particular manner i.e., by a registered document/deed and not by being an associate member.
