Sandeep Naik (Advocate) 10 March 2012

Share certificate of chs

CAN THE NEXT MANAGING COMMITTEE TREAT ME AS NON MEMBER ONCE THE SHARE CERTIFICATE WAS TRANSFERRED ON MY NAME ? MY DECEASED FATHER HAD TRANSFERRED THE SAME IN THE YEAR 2001 WITHOUT INFORMING THE OTHER LEGAL HEIRS AS IT WAS HIS SELF ACQUIRED PROPERTY AND HE DID NOT WANT ANY KIND OF DISPUTE DURING HIS LIFE TIME. THE LEGAL HEIRS DID NOT HAVE IDEA ABOUT THE SAME SO THEY OBJECTED THE SAME. LATER ON THEY WITHDREW THEIR OBJECTION BY SENDING THE NOTICE TO THE SOCIETY. STILL THE SOCIETY IS SENDING MAINTENANCE BILLS ON MY DECEASED FATHER'S NAME. I STOPPED PAYING THE SAME AS THE BILLS ARE BEING SENT ON MY DECEASED FATHER'S NAME. THE SOCIETY SENT ME NOTICE UNDER 101. HOWEVER IT IS ON MY DECEASED FATHER'SNAME. CAN SOCIETY REVERT BACK THE NAME ONCE THE SAME IS TRANSFERRED AFTER FIVE YEARS ? MY SIBLINGS HAVE GIVEN NOC ON STAMP PAPER AND I HAVE SUBMITTED INDEMNITY BOND . STILL SOCIETY IS TREATING ME NON MEMBER. WHETHER THEY CAN DO SO ? I HAVE INFORMED THEM THAT I AM READY TO PAY MY ALL OUTSTANDING DUES BUT SOCIETY IS NOT READY TO DO SO .

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2 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 13 March 2012

1. Put in all the facts (including the documents that were relied on earlier by the mg.committee members to transfer the membership to your name), before the deputy registrar, during the proceeding for recovery u/s 101.

2. Anyways, it is unwise to stop payment of CHS dues, for whatever reasons. Any grievances may be litigated before the deputy registrar, including name change and whatever.

Keep Smiling .... Hemant Agarwal

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 01 May 2012

The flat was transferred to you in the year 2001. It was eleven years ago. I presume that your father was the sole owner of the flat in the books of the Society and the transfer was made during his lifetime. The flat had been in your name for eleven years If so the MC was satisfied about the genuineness and validity of the transfer. If 11 years later someone disputes the transfer made by your father, the Society doesn't have to take cognizance of the dispute. Those who raised the dispute should have been asked to obtain court order. This transfer cannot be nullified or reversed by the Society merely because a third party made a claim. Also no property can be held in the name of a deceased person, if the Society has knowledge legally of the death of your father. Has the Society received a death certificate? If not you obtain one and submit to the Society. Do not worry even if the Society issues receipt in the name of your father. Do not stop payment. Fight your claim separately.