Unsound mind nominee in cooperative housing society

cchs1962 (Querist) 10 October 2016 This query is : Resolved
I would like to have clarification as to the procedure to be followed by the Cooperative Housing Society Management(Under Cooperative Housing Socities Act 1961) in transferring shares in the name of Unsound Mind Person.

My parents both have died and my brother is of Unsound Mind, My parents has made nomination with the society in which My Brother who is of Usound Mind is been held as Nominee and the second nominee name is that of Mine own.

The society management is insisting to produce before them physically my Unsound Mind brother, for the first name as nominee is his name. Kindly let me know what procedure should be followed by me as well as society.

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Kumar Doab (Expert) 10 October 2016
Person suffering from unsound mental health is Nominee and legal heir/Co-sharer also, upto the extent as envisaged in personal law applicable to deceased owner.

The society has full right to check fro physical appearance before it signs kind of life certificate.

Rajendra K Goyal (Expert) 10 October 2016
The share would be transferred in the name of nominee to be looked after by court appointed legal guardian.

Kumar Doab (Expert) 10 October 2016
Society can ask the nominee to come in person.

Guest (Expert) 10 October 2016
If your brother is of unsound mind then provision of mental health act 1987 too applicable to all his movable and immovable property which he has inherited . Steps should be taken after looking at both provision.

New mental health care bill is pending in Parliament , till the time it pass you need to follow two law cooperative society act and mental health act

Rather 1987 mental health act is required to be followed first in this case . Although other will have different opinion but my study says if person is mentally unsound then 1987 act is applicable first every where

Ms.Usha Kapoor (Expert) 11 October 2016
Agree with experts.

P. Venu (Expert) 11 October 2016
Who is taking care of the brother!

Ms.Usha Kapoor (Expert) 12 October 2016
Now let us close this discussion.

Rajendra K Goyal (Expert) 12 October 2016
Author has not replied who is taking care of his brother.

Kumar Doab (Expert) 12 October 2016
The author should respond.

cchs1962 (Querist) 12 October 2016
Sorry Friends for late reply...Brother's where-about are unknown at present, he stayed wit us prior.

Kumar Doab (Expert) 12 October 2016
Either he has to be present or society may ask for death certificate.

Or you may have to approach civil court for decree of civil death.

Approach your able counsel.

Rajendra K Goyal (Expert) 12 October 2016
Agree with the expert Kumar Doab.

Guest (Expert) 12 October 2016
Lodge proper missing complaint with police . After 7 years you can start steps regarding then law for declaration of his death if not found .

P. Venu (Expert) 12 October 2016
You are playing hide and seek with facts. As such, no meaningful or constructive suggestion is possible.

cchs1962 (Querist) 13 October 2016
Respected Ld. Adv.P.Venuji: Sorry if you have felt that way. Thanks for your help and cooperation.

Kumar Doab (Expert) 13 October 2016
You are welcome.

Your own counsel can advise you in details.

Rajendra K Goyal (Expert) 13 October 2016
You have been advised accordingly.

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