Can society refuse to provide membership in case of deceased ??
KMHSL
(Querist) 28 September 2014
This query is : Resolved
My husband died suddenly and I am not able to find the nomination paper. Society has not yet searched in their records. So I submitted the Form 17, 19 and related papers for membership of legal heir incase of deceased member (including the indemnity bond, undertaking, affidavit etc..).
This was done since the secretary informed that the tranmsision issue is taken up in AGM only.
I pay the maintenance charge regularly.
However there is one payment about a separate disputed matter which is yet to be paid.
Society is using this as an excuse to deny proceeding with the procedure of including me as member. They say that this is as per the Bye Laws of the Society.
However there is no clear statement on this in the Bye Laws.
Is there any law/provision on paper that the society can use to not allow the transmission of the flat in my name (Legal heir) ??? after submission of the above mentioned documents.
ajay sethi
(Expert) 28 September 2014
what is nature of dispute regarding payment between society and you . pay the said amount under protest . get flat transferred in your name .
Rajendra K Goyal
(Expert) 28 September 2014
If the disputed amount is not heavy, better pay the same and get the transfer entered in your name.
ajay sethi
(Expert) 29 September 2014
unless disputed amount is paid society will not transfer flat in your name
R.K Nanda
(Expert) 29 September 2014
consult local lawyer.
KMHSL
(Querist) 29 September 2014
I also want to pay the dues and not stretch it.
However I have some other priorities to take care of and therefore need to keep some spare money with me.
So I wish to pay after 2-3 months.
The only reason for asking to complete the procedure now is so that it does not extend to next AGM which will be held next year.
If the society completes the name transfer immediately on payment of dues and not wait till next AGM then it is ok for me.
Kindly provide suggestions/advice if any.
malipeddi jaggarao
(Expert) 30 September 2014
Convince the Society about your priorities with a promise to pay the dues within 2-3 months and get the property transferred instead of resorting to legal action.
T. Kalaiselvan, Advocate
(Expert) 04 October 2014
If the other route or approach to issue seems to work properly avoid taking a legal route and achieve the things amicably.
Hemant Agarwal
(Expert) 05 December 2014
1. IRRESPECTIVE, of the Nomination Form not being traced AND subject to documentary evidence to the fact for claiming the legacy of the deceased, a proper application, transfer forms, indemnity bond, transfer fees, Death Certificate etc...., the Society is bound to transfer the membership, failing which the applicant may file proceedings u/s 22(2) or u/s 23(2) with the local Deputy Registrar of Cooperatives.
2. Society reserves the right to transfer membership, in the event of outstanding dues of the deceased's flat, irrespective of the nature /dispute regarding the Society dues.
Keep Smiling .... Hemant Agarwal
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