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Arun Tiwari   08 October 2023

Nuisance and abuse in housing society.

Hello Experts,

I am a newly elected secretary of a housing society of 57 members. One of our female members got expired few years ago and since there was no nomination filed by her, we have repeatedly asked her legal heirs i.e. Husband, Daughter & Son as to come forward togather and transfer the flat onto their names but they are having some dispute within themselves and the question is pending and the daughter has left the home and is living elsewhere.

Now, the legal heir husband and his son are asking me to transfer the flat in their name but we have asked the noc of the daughter and due to that both son and the husband are creating nuisance in society more often such as gatecrashing meetings, abusing any member. Drunk calls in midnight to show them records and creating huge scene over trivial issues and name calling to whoever tells anything against them .

Therefore kindly suggest the legal recourse as to curb the menece of such non members.

 

Regards

 



Learning

 4 Replies

Dr. J C Vashista (Advocate )     08 October 2023

Society has no powers to transfer title (ownership) of the intestate property left behind by the deceased in the name of her successors for which LRs will have to file a suit before competent civil court.

Society can transfer share of the deceased member in terms of State Cooperative Societies Act otherwise through succession certificate and/or letter of administration issued by jurisdictional civil court.

In case any resident creates problem in the society it has to be dealt with as a crime under the provisions of Indian Penal Code.

Sudhir Kumar, Advocate (Advocate)     08 October 2023

is society covered under area of any thana?

Arun Tiwari   08 October 2023

Yes it is in Thane

SRIPRAKASH BHATTACHARYA (RETIRED)     08 October 2023

Dr. Vashistha has rightly guided you.

If the society has a Nomination Paper with it duly filled by the deseased then the society can transfer the Share Certificate and other records based on the same. In the instant case to claim the ownership the claimant has to come to you alongwith the Succession Certificate as per law. Since the issue is a legal one and does not come under the purview of the cooperative society, suggest not to fall in the trap. 


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