Rights of society

Janhavi Mantri (Querist) 20 August 2018 This query is : Resolved
Dear Sirs,

I am a member of a co-operative housing society. There is a flat in our society which is vacate and the member (unmarried) died without any legal heirs. It has been 5 years and no one has claimed the property as relatives.

My question is - can society take charge of this flat and sell it?

Regards,

Janhavi

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K Rajasekharan (Expert) 20 August 2018
The society cannot take the property even if she does not have a legal heir. It will devolve as per the succession act applicable to her only.

If she is a Hindu woman, as Section 29 of the Hindu Succession Act 1956 provides her property will devolve on the government.

Sudhir Kumar, Advocate (Expert) 21 August 2018
read society constitution.

Dr J C Vashista (Expert) 21 August 2018
I endorse expert advise of Mr. K Rajasekharan,
CGHS has no powers to take possession or title of the intestat flat and the property shall devolve upon LRs as per succession.

Guest (Expert) 21 August 2018
The management of the society has the need to understand a very simple thing that the society is an associated body of the group of residents of the flats, NOT the owner of the building. It has to serve the members, not to claim the ownership of property of any living or dead member.

P. Venu (Expert) 21 August 2018
What is the stand of the Society? Has the issue been discussed in General Body/Managing Committee meetings?

Janhavi Mantri (Querist) 22 August 2018
Dear Sirs,

Thank you for your reply. Yes this is discussed and they want to take possession of this flat and later sell this flat so that the society will get some money.

Regards,

Janhavi