Env Coord (.) 01 September 2021

Inheritance in joint-property in co-operative society (gala)

A person jointly (his deceased wife being co-owner) owns a gala (office space) in a commercial plaza registered under Maharashtra Co-Operative Societies Act, 1960. Co-owner was a Hindu woman, died intestate. The society has not yet issued any share-certificate nor conveyance done by the Builder, although Co-operative society formed in the year 2014. Couple has one son out of wedlock. The query is as follows:

1. Can husband inherit the remaining 50% of ownership of his deceased wife ?

2. In case son wants to inherit the 50% of his mother's ownership in the Shop. What procedure he needs to follow in absence of any share certificate ?

3. Is any stamp duty required to be paid to the State Govt. by the Husband or Son for inheriting the 50% of ownership of deceased joint-owner {Note: 'Deceased' is Wife of Co-owner(Husband)} ?

4. What are the legal compliances to be followed by the Husband or son to successfully inherit the 50% ownership of the deceased co-owner?

Awaiting expert opinions.

Best Regards,
Vishal Saha

4 Replies

G.L.N. Prasad (Retired employee.) 02 September 2021

Contact a local advocate and also inform the meaning of "Out of wedlock" in legal terms. In absence of such prescribed shares in the original title deed in between joint owners ( deceased wife & other). The relationship between wife and other and if they have acquired in succession must also be studied.

Env Coord (.) 02 September 2021

Out of wedlock means, one son from marriage between Husband and his deceased wife.

G.L.N. Prasad (Retired employee.) 02 September 2021

This is the meaning known to me as per google dictionary. out of wedlock phrase of wedlock when the parents are not married to each other. "the story concerns a woman who conceives a child out of wedlock and is rejected by the baby's father

P. Venu (Advocate) 02 September 2021

On the demise of the co-owner, her share in property is jointly vested with the legal heir, viz, her husband and son. Membership of Society is not strictly linked to the share or membership of the CHS which is only a body managing the property of its members.

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