Janak Gupta 13 December 2022

Cooperative society not entering member's name in membership register

I reside in a flat in Kolkata of a Cooperative Society. The flat was self acquired and owned by my wife who was the member of the society. My wife nominated me as her nominee in the society's record. My wife expired intestate on April, 2021 due to Covid19. We have no children. Being the nominee I applied to Society for membership. Society admitted me as a member and discharged the share certificate and transferred shares and interests in my favour. Next, having no family I applied to society for no nominating my niece as my nominee. The till now has not entered my name in its Register of Members. The society recently demanded from me an Affidavit sworn before a 1st class magistrate for succession of the flat left behind by my deceased wife. I did execute the said Affidavit and fowarded it to the Secretary of the Society through my lawyer asking him to record my and my nominee's names in the Society's 'Register of Members & their Nominees' and get it signed by me within 15 days. But, it is over seven days, the Society sitting silent and not entering my and my nominee's names in the said Register.

Please let me know what should be my next step to break this impasse and get my and my nominee's names recorded in the Society's Membership Register without any further delay and mental harassment undergone by me for the last 20 months since death of my wife.

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Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 14 December 2022

You can give a complaint letter to the registrar of cooperative societies in your state. The Institution of Registrar Cooperative Societies, is charged with the responsibility of registration of Cooperative Societies/Cooperatives, post-registration supervision and audit etc. of the Cooperative Societies registered under the provisions of Cooperative Societies Act 1989.

SRIPRAKASH BHATTACHARYA (RETIRED) 14 December 2022

(1) WRITE A LETTER ADDRESSING TO THE SECRETARY OF THE CO-OP. HSG. SOCIETY WITH COPIES TO THE CHAIRMAN, VICE CHAIRMAN AND OTHER FOUR (4) DIRECTORS STATING THE ISSUE.

(2) SUBMIT THE ORIGINAL TO THE SOCIETY AT ITS REGD. ADDRESS AS WELL COPIES TO THE REST.

(3) ENSURE THAT ALL THE DUPLICATE COPIES OF THE SAID LETTER ARE RECEIVED BY THE OFFICE OF THE CO-OP. HSG. SOCIETY DULY DOCKETED (REFLECTING SERIAL NUMBER OF RECEIPT), DATED, SIGNED BY THE RECEIVING CLERK OR AUTHORISED PERSON, RUBBER STAMPED.

(4) IF THE SOCIETY DOES NOT WANT TO RECEIVE THE SAME THEN SEND ALL THE SIX (6) NOS. TO THE SIX (6) DIRECTORS (INCL. SECRETARY) THROUGH 'SPEED POST WITH A/D' AND IN SIX ENVELOPES. TRACK THE MOVEMENT OF THE LETTERS OVER THE INDIA POST TRACKING.

WITHIN A FEW DAYS YOU WILL GET THE A/D CARDS BACK TO YOU.
THE TRACK RECORDS AND RECEIPT CAN BE DOWNLOADED AND PRINTED ON PAPER.

(5) EVEN IF NOTHING IS DONE, MEET THE JRCS, KMAH CELL, 245, B B GANGULY STREET, KOLKATA - 700012 FOR HIS INTERVENTION.

FOR FURTHER GUIDEANCE FEEL FREE TO CONTACT ME OVER 03379618311 BETWEEN 8.30 PM AND 10.00 PM AND WITHOUT ANY OBLIGATIONS.

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Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 14 December 2022

Admitting you as member of the Society and registering the name of any person as your nominee are two different actions. Do not mix them up. At first get yourself admitted as member of the Society. Only after you are admitted as member, you are entitled to nominate any person. From what you have narrated, it appears that you have been admitted as member. Has the Society entered your name on the share certificate and returned it to you. From what you write it appears that the share certificate has already been returned to you with the your name endorsed on it. If so, you have to get the name of your nominee entered in the register of nominees. Has your society a prescribed form for applying for nomination? If so, get that form, apply for nomination and get an acknowledgement. After your application is received within a stipulated time the Society should give you a reply either accepting the nomination or rejecting it giving the reasons therefor. If you do not get reply within reasonable time (generally it is 2 months) you can complain to the Registrar of co-operative societies. Generally it will be the Assistant Registrar or Deputy Registrar of your co-operative ward. Again I repeat do not mix up admission of you as member and registration of your nominee.