INTROSPECT ON THIS:
1. In a Tenant-Ownership (TC) type Society u/s 2(16), the Society is constituted ONLY for "common amenities & services". PERIOD.
2. By virtue of the above, the Society has no legal jurisdiction to evict ANYBODY AT ANY TIME, for ANY reason, to the exception of filinig recovery proceedings u/s 101, and consequently leading to "Auction" of the property, to the extent of the outstanding amount of Society against the Flat, irrespective of the status of the occupant of the flat.
3. Recovery Proceedings against a deceased property (in the mentioned circumstances) is limited to previous Six years. This is limited to only the Principal Amount and not Interest. Similarly claim, as Nominee, over the society membership (and not title-ownership) is also time-barred, to the exception of obtaining a Letter of Administration from the state High Court.
4. IF matter was documentarily brought to the attention of the Registrar of Cooperatives and he did not suo-motto initiate recovery proceedings u/s 101(2), THEN the Registrar has no jurisdiction remaining to hear the 101 matter and the matter must compulsorily be remanded to the coop. court, for proper adjudiction.
5. The "querist" MUST take note that NOTHING would move at the whims & fancies of the said Legal Heir, irrespective of the health status, when he mentions that he does not want to go legal and wants things settle amicably. In a democracy, NOTHING is settled amicably, which is evident from the crores and crores of litigations pending since ages in the various courts.
Keep Smiling .... Hemant Agarwal