deepak makhijani (CFO) 06 November 2011

Eligibility of committee membership

Sir,

Can a person who is a nominee member become a committee member ?

( Nominee member is the member in whose name the society has transferred the flat thru transmission after the death of the original member)

The other legal hiers to the original member have not given the NOC for the flat to be transferred.

Please respond at the earliest

thanks

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3 Replies

adv. rajeev ( rajoo ) (practicing advocate) 06 November 2011

Nominee of the deceased member cannot become the member of the society. But what the bye law of the society says, it is to be seen.

N.K.Assumi (Advocate) 06 November 2011

yes, bye laws of the society will give the final decisions on the matter as pointed out by Raju.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 08 November 2011

1. In Maharashtra (MCS Act), a nominee member may become the society managing committee member, subject to election / cooption procedures.

2. Nominee member is only a trustee / care-taker for the original title-owner .AND. a nominee member never ever becomes the owner of the property and as a nominee the nominee does not have any right over the property.

3. The other legal heirs should file court proceedings to include the names of all the legal heirs in the society records as successors to the property of the deceased. In this way the nominee's name may be replaced by the names of the legal heirs of the deceased owner.

4. The society has to follow due documentaiton procedures to transfer the membership to the nominee.

Keep Smiling .... Hemant Agarwal