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KMHSL (asst)     28 September 2014

Can the society refuse me the right to become a member ??

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 transmsision 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.  But the committee members refuse to accept it.

I also said that I am willing to pay the amount but it is not feasible as of now since I have to take care of other things that are more important. But they still refuse to go ahead on the same. 

 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.



Learning

 1 Replies

prakash chandra jain (proprietor.)     28 September 2014

madam.you have not put up many facts relating to dispute.how many legal heirs survive to your deceased husband. whether you are hindu or any other caste. what is the nature of society. it is therefore advisable toyou is to seek succession- certificate from court. incase, it is bought by husband from some flats-society,in which you are nominated.then it is simple to seek declaration from civil court to the effect that it now belongs to me and be entered in my name.-prakash chandra jain advocate indore-09479848437 


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