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Sibsankar Datta (Freelance)     09 November 2022

Induction of new member on the death of a member of a cooperative housing society.

A member of a Cooperative housing society passed away just after passing away of his wife, named as Nominee. The member could not induce a new Nominee as replacement of his wife name.

The deceased member's two sons and one daughter approached the Society for transferring the property in the name of their younger brother and Nominee as the elder brother. No Claim executed by the sister and elder brother.

The change of membership to the Nominee in normal case of death of a member is a known pro ess for the Society. But in the present case where Nominee also passed away, what should be the action of the Society for transferring the name of the deceased property.

 



Learning

 3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     09 November 2022

As per the newly introduced Section 154B-13 of the Maharashtra Co-operative Societies Act, 1960 (which overrides section 30 mentioned above), a society can transfer the interest of the deceased member in the flat only when testamentary documents or succession certificate or heirship certificate or document of family arrangement has being produced by the legal heirs of the deceased member or person/s entitled to the flat.

Sibsankar Datta (Freelance)     09 November 2022

The property is located in New Town, Kolkata, falling under West Bengal Cooperative Society Law. Please enlighten on W.B.

Sorry for inconvenience for not mentioning the location. 

Regards,

Sibsankar Datta 

Dr J C Vashista (Advocate)     10 November 2022

The society can transfer "share" of deceased member in favour of nominee / successor. In the instant case it can be transferred on getting succession certificate from jurisdicational civil court but can not transfer "title (ownership)" of the flat.

It is better to consult and engage a local prudent lawyer for appreciation of facts, professional advise and necessary proceeding.

 


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