Membership to a relative of plotted society in absence of nomination
anantjoshi
(Querist) 09 March 2015
This query is : Resolved
sir,
We are member of one plotted society in Pune.
One member died last year in Mumbai without any nomination.
Now his brother has submitted membership form and Indemnity bond for his other brother.
What is legal procedure for enrolling in this situation by Society.
ROHIT SHARMA
(Expert) 09 March 2015
Dear Mr. Anant Joshi,
1. The society will not enroll or allot the plot of the deceased member to his brother on the strength of Indemnity Bond. He has to get a succession certificate from the court for such purpose.
Kumar Doab
(Expert) 09 March 2015
The society bye laws or nomination or society's decision to accept Indemnity etc are not parallel route to succession......and succession shall be decided as per personal laws applicable to deceased owner...........e.. Hindu Succession Act
The claimant being brother is not ClassI legal heir and ClassI legal heir shall have the first right to stake claim.......
Let the claimant bring succession certificate from court of law....
Rajendra K Goyal
(Expert) 10 March 2015
Society should ask for the court orders for transfer.
ajay sethi
(Expert) 10 March 2015
ask brother to obtain succession certificate from court
malipeddi jaggarao
(Expert) 10 March 2015
You are a member of society. You are not Secretary, President or Managing Committee member. The problem is related to a third person. In which way you are concerned with this query?
T. Kalaiselvan, Advocate
(Expert) 12 March 2015
Only a succession certificate to succeed to the estates of deceased will be a proper authority by which the incumbent may seek membership as well as ownership or transfer of title to the intestate property.
