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rosali (raipur)     12 February 2018

housing society in mumbai....settles disputes among legal heir....

how do housing soc settles disputes among legal heirs.....
what time is stipulated to settle disputes
how is the share sent to legal heirs
can society put the property on auction...


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 3 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     12 February 2018

Co-operative Housing Societies have no role in settling disputes among heirs of a deceased member. Under Section 30 of the Maharashtra Co-operative Societies Act, 1960,  Co-operative Socieites have to transfer interest in the capital and property of the Society of a deceased member to his nominee if the deceased member had given a nomination during his life time. If he had given no nomination,  persons who claim to be his successors should be asked to produce succession certificate. The Society can also tranfer the interests to a person who appears to the Society, to be the successor of the deceased member. Afterwards those who claim themselves to be the real successors can be asked to produce order from the court.

rosali (raipur)     12 February 2018

Thank u sir...my father in law had not made any will ....he passed away...suddenly...then how does tha flat appoint my mother in as nominess....now mother in law made a nomination....as my husband and his sisters......with 25% share of my husband...we do not have any documents......we r not in mumbai.....all 30 years my huband and my self supported family....and house....financially.....now my equiry is if no one claims for property what can be done

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     12 February 2018

Your statements are not clear. Will and nomination are two different things.  One writes a will regarding how one's property has to be disposed of after one's death. The will may be kept at a safe place or in the custody of a reliable person. A nomination is submitted to the Society when one is alive. After the death of the member the nominee can apply to the Society and get the flat and shares transferred to his or her name. Your father-in-law had not written a will. Had he filed nomination with the Society?  If so who was his nominee? If your father-in-law had not written a will, his class I successors would be his widow and his sons and daughters. The estate will have to be equally divided among the successors. Your mother-in-law has no right to nominate anyone. Let me know how many children your father-in-law had as sons and daughters. If any of the sons or daughters is dead, how many grand-children he has through him/her.

Society has no rught to distribute the rights of a deceased member. Transfer to a nominee is provisional.  If you are not in Mumbai, where are you?


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