§ In the event of the death of the member, if member dies without a nomination, the society is empowered to transfer the shares and interest of the deceased member to person who, in the opinion of the MC, is the heir or legal representative of the deceased member
§ However, the following procedure has to be followed before transfer of shares and interests of the deceased member to a heir or legal representative.
§ With in one month from the information of the death of member,the society shall invite claims and objections to the proposed transfer of the shares and interest of the deceased member as per Bye-Laws no. 35.
§ A notice to this effect must be put up on the notice board of the society and the notice should also be published in two newspapers having wide circulation.
§ A specimen of such notice is given in Appendix-16 in Bye-Laws .
§ All expenses incurred in this connection shall be recovered from the legal heir
§ After considering all claims and objection received,in response to the said notice,and after making such inquiries the society may transfer the the shares and interest of the deceased member to the person who in opinion of the MC as per Bye-Laws 17[a] or 19.
§ If there are several claimants, society should ask them to apply jointly for membership and asked to mAke the Affidavit as to who should become member of the society and his/her name stand 1st in application..In that application whos name stand first make him/her as member of society other as Joint / Associate member
§ The person’s who become member by this transfer will not become owner of that property but only Trustree of that property this should be clearly siad to the person’s by society
§ For ownership of the property person’s must produce a Succession Certificate/Letter of Administration from a competent court. This information should given by society to person
§ Society must also take Indemnity Bond from the proposed transferee indemnifying the society against any claims from any sources.Specimen of such Bond is given in Appendix-19 in Bye-Laws.
§ The proposed transferee must apply to society for membership and comply with other requirements for membership.Specimen of application to be made by legal heir for membership of the society is given in Appendix-17 in Bye-Laws.
§ If MC is not able to decide as to the person who is the heir/legal representative of the deceased member of the claimants do not to the agreement, as to who should become member of the society, the MC shall call upon them to produce succession certificate/letter of administration from the Competent Court
§ If there is no claimant, the shares and interest of the deceased member in the capital/property of the society shall vest in the society.
§ An application for membership include 1.A specimen form of application to be submitted by the legal heir is given in Appendix-17 in Bye-Laws 2. Form of Indemnity Bond is given in Appendix-19 in Bye-Laws 3.The form of undertaking to use the flat for the purpose for which it is alloted is given in Appendix-4 in Bye-Laws. 4.True copy of Death Certificate. 5.Nomination form 6. Membership Fee
I am living in a housing society in Mumbai. One of our neighbors Mom expired some 9 months ago. The lady was the widow and sole owner of the property. She left behind 3 Son and 1 Daughter all Adult. Further i dont know about nomination done by deceased member but Will has definately been done by deceased member.
ReplyDeleteTill now even after 9 months Flat is still in the name of deceased member. when i asked the family member of deceased member i was told that society has suggested them to keep the name in deceased member.
My query is as follows:
1. Is there any time limit for society to transfer the flat after expiry of its owner or the name of deceased member will be permanent even after death.
2. Is society having any responsibility to see to it that the deceased members name be replaced by the deserving member.
It is the duty of family member of deceased member to transfer the share certificate from deceased member to legal heirs. They have to give copy of probate of will to society along with other forms as per bye-laws no. 35.
DeleteAfter receiving the forms and copy of probate of will society has to transfer the share certificate in 1 month time.
society has no responsibility till application received from family members of deceased member