Whether nominee member have right to attend the agm of the society

D Chavan (Querist) 15 November 2014 This query is : Resolved
After death of a member (say Mr.X) in Co-operative Housing society in Mumbai, Kandivali a nominee is admitted a member of the society as per nomination submitted by the deceased member.
Society has completed following formalities.
1. Accepted a certified copy of the death certificate of the member from nominee.
2.Being a single nominee form No.15 obtained in prescribed format.
3.form No.4 on 100/- stamp paper to use the flat for which it is purchased obtained from nominee.
4. Original Share Certificate with covering letter to admit him as a member received from the nominee.

The matter was discussed in committee meeting and he is admitted member of the society. The share certificate is transferred in his name.
A letter is issued by the committee stating that nominee is only a care taker and not owner of the property and the right of heirs of deceased member will remain on the property.

Knowledgeable persons please guide:
Whether we have followed the correct procedure and whether we can allow the NOMINEE to attend AGM of contest the election of the society?
Please help

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Isaac Gabriel (Expert) 15 November 2014
Refer the bylaws.After transfer of the shares,the nominee acquires right of the deceased member.

ajay sethi (Expert) 16 November 2014
once flat has been transferred in name of nominee he is member of society and can attend AGM .

Advocate. Arunagiri (Expert) 16 November 2014
Attending the AGM is different from the ownership. If there are legal heirs, sure they will have the right over the property.

Rajendra K Goyal (Expert) 16 November 2014
He can attend the AGM. In case of claim from the legal heirs the case would be decided on merits.

Devajyoti Barman (Expert) 16 November 2014
agree with experts.

Guest (Expert) 16 November 2014
There is no term like "nominee member." A person can either be a member of the society or be a nominee of that member. Once a nominee becomes the beneficiary of the flat after the death of an original member and transfer of shares/ flats takes place on account of his being a nominee of the deceased member, he substitutes the original member by becoming a member of the society with all rights to participate in the affairs of the society.

So, you have followed a correct procedure and the substituted member can take part in the AGM.

V R SHROFF (Expert) 16 November 2014
After trf, nominee is a member & attend AGM
Agreed with Shri Dhingra ji.

Guest (Expert) 16 November 2014
Shroff ji,

Thanks for agreeing with my views.

Sudhir Kumar, Advocate (Expert) 17 November 2014
You have not stated what the Constitution of the society provides.

T. Kalaiselvan, Advocate (Expert) 17 November 2014
I too agree with the views of expert Mr. Dhingra on the subject issue.

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