co operative

the society has to get succession certificate from the courts and submit to the society

The Flat owner................................

The society has no authority or role in transfer of flat in the name of surviving owner i.e.., Daughter in-law in the instant case, she becomes absolute owner after recording mutation in municipal records, if there is no other successor of deceased (mother and son).

Society shall transfer membership in the name of said DIL on the basis of mutation. 

If the Society is in Maharashtra, the Society is in the owner of the entire building in Municipal records and the Society pays the property taxes to the Municipality and collects from the members. Hence mutation by a flat owner is not possible. The one or those who claim ownership of the flat will have to obtain succession certificate with regard to the ownerships of the mother and son. The daughter-in-law will have her own share. If the Society is in Maharashtra and if I were the Secretary of the Society, I will admit the daughter-in-law as a provisional member and make her liable to pay all the periodic dues to the Society. Other claimants, if any, can stake their claims in due course. If the daughter-in-law was the main member and the mother and son were associate members, then I would just delete the names of the associate members on receiving their death certificates. If there are other claimants, it is for them to stake their claims. The question of ownership of the flat will come only if and when the owner tries to alienate his or her claim or when there is a dispute.