HOW SHARES TRANSFER AFTER THE DEATH OF MEMBER IF MEMBER DIES WITHOUT MAKING NOMINATIO.

§         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 1^st 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

NOMINATION AND SHARES TRANSFER TO NOMINEE AFTER THE DEATH OF MEMBER

§         A member can give his/her nomination to Secretary of the society under Bye-Laws No. 32 and 33.A member can nominate one or more persons to whom the flat/shop/garage and the member’s share in the capital/property of the society must be transferred after the member’s death. The acknowledgement of the nomination by the Secretary shall be deemed to be the acceptance of the nomination by society.

                             

§         A nomination is made by executing nomination form .A specimen of nomination form is given in Bye-Laws Appendix-14.

§         For first nomination made by member’s society can not take any charge from member.A member may revoke or vary his/her nomination, at any time by making fresh nomination. Every fresh nomination shall be charged a fee of Rs. 100/-

§         The acknowledgement of the Variation / Fresh in nomination / subsequent nomination by the Secretary shall be deemed to be the cancellation of the earlier nomination.

§         On receipt of the nomination form, or the letter of revocation of the earlier nomination Secretary should give the acknowledgement for the same. The society can not refuse the nomination maid by member’s

§         On  receipt of the nomination form, or the letter of revocation of the earlier nomination,the same shall be placed before the meeting of the MC held next after the receipt of the nomination form, or the letter of revocation of the earlier nomination, by the Secretary of the society for the recording the same in the minutes of the MC. Every such nomination or revocation thereof shall be entered in the nomination register by the Secretary of the society within 7 days of the meeting of the MC,in which it was recorded

§         Nominee/Nominess is only Trustee of that Property not legal owner of that property after the death of member .If property is transfer to Nominee/Nominess it does not mean that he is legal owner of that property. Legal Heirs can go to Hon. Court and  estiblish their right as per different Laws. On received such order from the Court society is bound to transfer the property to that Legal Heirs. Membership given by Nomination to Nominee/Nominess is the way on which society can contact / talk the person’s after the death of member regarding his/her property in society. Nominee/Nominess is only Trustee of that Property.

§         In the event of the death of the member, Secretary should send letter to Nominee/Nominees with in 15 days after the death of member asking him/her to change the name in property of society As per nomination / Court order or as per Will.

§         In the event of the death of the member, Nominee/Nominees shall submit the application for membership,with in six month from death of the member.An application include 1.A specimen form of application to be submitted by the Nomiee is given in Appendix-15 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

§         If  Nominee/Nominees does not  submit the application for membership,with in six month from death of the member Secretary should invite claim or objection by giving notice in 2 large publication NEWS Paper. The cost of this notice should collect from Nominee/Nominees and then transfer the shre of the death member to Nominee/Nominees if no claim or objection come.

§         Subject to the provision of the Section 30 of MCSAct,1960 Bye-Laws no. 34, 17A ,19 ,on the Death of the member, the society shall transfer the share and interest of the deceased member in the capital /property of the society to Nominee/Nominees and in proportion with the shares and interest held by the deceased member,in case property is purchased by member and associate member jointly

§         Nominee can not create interest in favour of the third parties without establishing the rights of the Legal heirs

§         If  there are more than one Nominee,on the death of a member,such nominee shall make Joint Application to the society and indicate the name of the Nominee who should be enrolled as member.The other nominess shall be enrolled as Joint/Associate Member unless the nominees indicate otherwise

§         The Nominees shall also file an Indemnity Bound in the prescribed form indemnifying the society against any claim made to the shares and interest of the deceased member in the property of the society by any of them in case only one nominee is indicated by the Nominees for membership of the society

§         To protect the interest of the widows of the members by restricting the right of the nominee to deal with the property.

APPEAL AGAINST SOCIETY DECISION

v     If society do not communicate the decision regarding the application for membership i.e society admitting or reject the membership  with in 3 months from the date of application received to applicant than U/S 22[2] the applicant has to approach to Dy. /Asst. Registrar to give him deemed membership of the society. Registrar call both applicant and society for hearing and give the order regarding the membership of society.

v     If society  communicate that they reject the membership application than applicant has right to appeal U/S 23[2] to Dy. /Asst. Registrar. Registrar call both applicant and society for hearing and give the order regarding the membership of society for this appeal application.

v     In both above case if decision is against the applicant then applicant have chance to file  Appeal / Reappeal  against the decision of  Dy. /Asst. Registrar. Registrar to Divisional Dy. Registrar. For appeal decision applicant can approach Govt. of Maharashtra Co-operation Dept. and for reappeal approach  Hon. High Court by filing  writ petition.  

REFUSE TO ACCEPT THE MEMBERSHIP APPLICATION BY SOCIETY.

In Housing Society various complaints started from the getting membership in the society by applicant . For membership applicant  has to suffer various circumstances such as society issue membership very late , give him/her very bad behavior use unlawfull treatment or some time society depend on desigion of Hon. Court Order  or they may be fight for membership. This type of treatment to applicant  does not create good relation between applicant and MC due to this applicant and their family member become complainant and they make complaint  for each and every decision maid by MC. So for not only for membership Application but also for any application ,latter etc MC should first receive that give acknowledge for the same .

Secretary of the society has to examine the document received and if any defects are noticed, such defect should be brought to the notice of the applicant with in 8 days of application received .The application must be place before the meeting of the MC held next after the application is received. Secretary communicate the decision of MC to applicant with in 8 days of meeting . Some time it is very helpful that secretary should guide application  about solution of application along with decision

Ø      If society refuse to accept the application of membership then that applicition has to send to Dy. / Asst. Registrar Office U/S 23[1][a] and then this application is send to society by Registrar office this is provision under Act.

Ø      But this application should be along with cheque as meansion in Bye-Laws. This application should be submitted under Co-operation Act  Appendix- H[1] U/S 19 A by filling all detain in that  to Dy. / Asst. Registrar Office[This form is available in registrar office]

Ø      The applicition which is send by  Dy. / Asst. Registrar Office society has to take the decision with in 60 days . Society has to inform the Registrar office and applicant  that they should accept applicant as member or not in written. Applicant has chance to appeal  to Dy. / Asst. Registrar against the decision of society.

MEMBERS, ELIGIBILITY THIER RIGHTS, RESPONSIBILITIES AND LIABILITIES

MEMBERS, ELIGIBILITY THIER RIGHTS, RESPONSIBILITIES AND LIABILITIES

Eligibility to become member of a Co-op. Housing Society is given in section 22[1] (b), (c), (e) and (f)  of the Maharashtra Co-op. Housing Society Act. According to that any person , a firm registred under the Indian Partnership Act, 1932 a company  registered under the Company Act,1949 a society  registered under the Societies Registration Act,1960 A Co-operative society registered under the Maharashtra Co-operative Societies Act,1960 a local authority, State/Central Government, a Public Trust or any other body corporate registered under the relevent provisions of the law may be admitted as a member of the Co-op. Housing Society. but membership of housing society by given the application in a prescribe form along with certified copy of the legal ownership of the flat/shop.

• As per society Bye-Laws for membership following conditions has to satiesfy under Co-operative act section 19.
• member  has to  applied for membership of the society in the prescribed form along with certified copy of the agreement,duly stamped and registered
• member has furnished such other undertaking/declaration, in the prescribed form as are required under any law for the time being in force and such other information as in required under the Bye-Laws of the society
• Application of the membership has to accept by first  Managing Committee then General Body
• An Application for membership of the society has to made by the Firm ,Company ,Trust ,Society  ETC other than in individul  has to be signed by a authorised person and  copy of resolution for authority hAs to attach

GR FOR FERFAR APPLICATION GIVEN TO TAHSILDAR / CITY SURVEY OFFICE

MEMBERSHIP

MEMBER

The following are the 3 type of membership in co-op. housing society

1.ORIGINAL MEMBER-

A member in a co-op. society is a person / corporate body / public trust joining for the registration of a co-op. society which is subsequently registered or a person / corporate body / public trust admitted as a member after registration. Specimem copy of application for membership by an individual is given in Appendix-3 in Bye-Laws. .[under the Bye-law No.19[b]and 66[v]].Specimen copy of application by a corporate body is given in appendix-6 in Bye-Laws.[under the Bye-law No.19[c]].

2.ASSOCIATE MEMBER-

When the shares in a co-op. society are held jointly by more than one person,the person whose name dose not stand first in the share certificate is an associate member. An associate member does not have the rights or privileges of a member except that he/she will have the right to vote when the person whose name stands first in the share certificate is absent. However as per new Bye-Laws approved by Registrar on 02/07/2011 and  27/02/2009 .If the property is purchased jointly by a member and associate member, the right of associate member are not affected when the member dies. On the death of a member,only that portion of the shares held by a member is transferred to the nominee and the portion of the property held by associate member,if any remains intact.

A person who desires to become an associate member of a co-op. housing society must apply to the society and pay membership fee of Rs. 100/-.When the member ceases to be a member of the society,associate membership also ceases subject to what is stated hereinabove. After the shares are transferred to any other person, fresh application for associate membership has to made. Specimem copy of application for associate membership by an individual is given in Appendix-7 or Appendix-8 in Bye-Laws. .[under the Bye-law No.19[b]and 19[c]].Specimen copy of application by a corporate body is given in appendix- 9 or Appendix-10 in Bye-Laws.[under the Bye-law No.19[b]].

3.NOMINAL MEMBER-

A nominal member is a person admitted to the membership as a nominal member after registration. Usually, when a member sublets his flat with the permission of society, the sub-lettee can be admitted as a nominal member. Similarly when a flat in a co-op.hosing society is occupied by a person on behalf of firm or company, the person occupying the flat on behalf of firm or company is admitted as a nominal member. A nominal member has no voting rights and he/she will not be eligible to be elected as a member of the managing committee. Nominal membership is co-terminus with the membership of the concerned member. Specimem copy of application for  nominal membership [ by sub-lettee,licensee,caretaker etc  ] is given in Appendix-11 in Bye-Laws. .[under the Bye-law No.20 and 43[2][ii]].   

MINOR MEMBERSHIP

A minor or a person of unsound mind can become a member of a co-op. housing society through a gurdian.

A minor or a person of unsound mind who is admitted as a member of a society is entitled to exercise all the rights of a member through the guardian.

The society can not transfer the flat and shares having in the name of minor or a person of unsound mind unless the written order from Hon. Court. and also take legal opinion from advocate to check the ordercopy of court and other legal issue regarding this buying /selling  and transfer of the property of minor or a person of unsound mind  

The society can transfer the shares to nominee/legal heir, even if the nominee/legal heir is a minor. In such cases, application for membership of the society must be submitted by the guardian.  Specimem copy of application for membership by a nominee/legal heir,who is a minor is given in Appendix-2 in Bye-Laws. .[under the Bye-law No.17[b]].

CORPORATE BODY / FIRM / COMPANIES / CO-OP SOCIETY MEMBERSHIP-

A firm registered under the Indian Partnership Act , Company registered under the Companies Act , Society registered under the Societies  Registration Act, Co-op. society registered under the Maharashtra Co-op. Society Act, Local Authority, State / Central Government who registered under the relevent provision of law may be admitted as a member of a co-op. housing society but membership should not exceed 50% of the total membership of society.

However the membership of the firm/company etc is subject to the following conditions-

1. An application for membership of the society has to be made by fim/companyetc. has to be signed by a person duly authorised in behalf by same along with stamp
2. The firm/company. etc.should have its head office / branch office or carry on business within the area of operation of the society
3. The firm/company. etc. should purchase at least 20 shares of the society
4. The aims and objects of the firm/company. etc. should not be contray to thouse of the society
5. The memorandum and articles of association should allow the compay to utilised its funds for provinding its employees with dwelling house. The firm/company. etc. must agree to pay out of its own funds the cost of dwelling house
6. The firm/company. etc. must pay the whole or the proportionate cost of the construction and other charges to the society

The managing committee of the society should not consist of more than ¼ member of the firm/company. etc.. The remaining members of the managing committee should be individul member.

Specimen copy of application by a corporate body is given in appendix-6 in Bye-Laws.[under the Bye-law No.19[c]].

PUBLIC TRUEST AND HUF MEMBERSHIP-

Under Section 22[1][f] of the Act, a Public Trust can become a member of the housing society. However, a Family Trust cannot become a member of a co-op. housing society

Specimen copy of application by a Trust  is given in appendix-6 in Bye-Laws.[under the Bye-law No.19[c]].

List of persons eligible to become members of a co-op. housing society is give in section 22 of Maha. Co-op Housing Society Act. An HUF is not included in that list So HUF can not become member of society