Legal heirship for co-operative society flat

Hello S,

You shall have to get a Family Settlement Deed prepared in consultation with a lawyer (specialized in property matters / succession matters) wherein all the assets (whether immovable / movable) of your parents and the names of legal heirs should be mentioned along with a mutually agreed mode of settlement of such assets.

Who said succession certificate will not work? As the property is not being transferred through sale no agreement  with stamp duty is necessary. You and your sibbling apply together one a Member and the other as Associate Member along with sucession certificate, share certificate, other required documents and admission fees. There are two action. (1) the Society accepting the documents from you (2) admitting you or not admitting you with reasons. If no reply is received within the stipulated time you are deemed member of the Society. If the Society refuses to accept the documents, you submit all the documents to the Deputy Registrar having territorial jurisdiction. He will send the documents to the Society and ask for their decision. In due course and after due process the Registrar will decide.

What I say here are for Maharashtra and as per The Model Byelaws.

Please state in which State are you. There is one correction in my above post. It should have been (1) the Society not accepting the documents.

As I said this law is in Maharashtra. If you are from another State and your State has no law saying that succesion certificate is not acceptable, you can quote this Maharashtra law as a paralell.

Obtain succession certificate from competant Court through a local lawyer.

Many thanks for your replies.

@DR MPS RAMANI : this is for West Bengal state. Can I obtain Succession certificate if there is NO monetary claim? I have been told since this is a claim to "transfer co-op membership to legal heirs" hence S.C will not work.

The other options given by Co-operative Housing society law ( to prove our legal heirship) are :1.Letter of admin , 2. Probate.

As per my study , none are applicable to us as they require Will.

Please advise.

Many Thanks

S

A probate is generally obtained where there is Will. In Maharashtra there is stamp duty to obtain a probate.Maximum is about Rs.70000/- I am not sure whether there is stamp duty for succession certificate also. Stamp duty is a source of revenue for the State Government and whehter there is stamp duty or not is just policy of the State Government. You will have to find out whether there is stamp duty for successino certicate in West Bengal. Well! if there is stamp duty you have to pay. I have no idea about co-operative law in West Bengal. Even in Maharashtr co-operative law has undergone considerable change during the last 40 years.