Chs illegal eviction & bldg redevelopment

The nominees do not have to come forward to get the shares transferred in their name. Even you as a member already can make an application to the society with a copy of the death certificate of your father as the nominees must already be registered with the society.

But remember that a nominee is only a nominee, the ownerships will have to be distributed as per the Hindu law if your father has passed away without making a will.

You and the nominees can sign the agreement for the redevelopment but it would be better if you get a partition done before signing.

S Jadhav

The nominees do not have to come forward to get the shares transferred in their name. Even you as a member already can make an application to the society with a copy of the death certificate of your father as the nominees must already be registered with the society.

But remember that a nominee is only a nominee, the ownerships will have to be distributed as per the Hindu law if your father has passed away without making a will.

You and the nominees can sign the agreement for the redevelopment but it would be better if you get a partition done before signing.

S Jadhav

thanks for replying, but i think there is some catch a regards to yr reply that nominees need not come forward etc,,, as per byelaws society cannot on their own decide to place name of all nominees in place of deceased member unless they come forward and apply for membership and in case of multiple nominees they have to decide only one name of  who shall become member in place of deceased member and submit indemnity bond.

Other tricky question is in nomination father has mentioned percentage of 50% in my name and remaining 25% each to my mother and brother name, how much significant it makes as regards to mentioning of percentage?? can society in new share certificate mention percentage against each member?? if so that in my case since i already was joint owner(my 50%  remains as it is as my name will remain there as it is) then techinically percentage which comes to me becomes 50% my own plus 50% of father's 50% i.e 25% making my total percentage as 75%. am i right?

further question comes that can without my consent/approval/signature other member of my family give flat on rent?? if they do this what legal course of action i can proceed to evacuate illegal occupant. yr reply shall be appreciate.

Dear Mr. Anand, all proposals will have some conditions so your feeling that there is a catch is ok.

The society has to follow the nomination form name/(s) without any hesitation. The nomination system has been created to avoid unnecessary issues for the society as well as the society member. As I have said earlier, the nominees do not become owners but they have to distribute the ownership as per the shares of the legal heirs.

The society cannot initiate the proceedings suo moto ie. on their own but on the application by a person who has interest in the issue such as yourself or any one of the nominees, the society can put the names of the nominees.

You are right about your share from your father adding to your earlier 50% but to confirm I may have to see your earlier ownership details and the nomination forms.

Anyone who is in occupation of the flat can either stay or rent it out. They may be legal or illegal occupants and their action could also be legal or illegal. If anyone feels it is illegal and is a concerned party say yourself, you may send a notice to the party to desist from doing so. If the party disagrees, then you will have to go through the legal process by taking help of a legal expert.

But do remember that it is better to resolve differences within the family as it is ok to lose something to your near and dear ones than to fight and lose money for the legal process.

S Jadhav

Dear Mr. Anand, all proposals will have some conditions so your feeling that there is a catch is ok.

The society has to follow the nomination form name/(s) without any hesitation. The nomination system has been created to avoid unnecessary issues for the society as well as the society member. As I have said earlier, the nominees do not become owners but they have to distribute the ownership as per the shares of the legal heirs.

The society cannot initiate the proceedings suo moto ie. on their own but on the application by a person who has interest in the issue such as yourself or any one of the nominees, the society can put the names of the nominees.

You are right about your share from your father adding to your earlier 50% but to confirm I may have to see your earlier ownership details and the nomination forms.

Anyone who is in occupation of the flat can either stay or rent it out. They may be legal or illegal occupants and their action could also be legal or illegal. If anyone feels it is illegal and is a concerned party say yourself, you may send a notice to the party to desist from doing so. If the party disagrees, then you will have to go through the legal process by taking help of a legal expert.

But do remember that it is better to resolve differences within the family as it is ok to lose something to your near and dear ones than to fight and lose money for the legal process.

S Jadhav

Dear Mr. Anand, all proposals will have some conditions so your feeling that there is a catch is ok.

The society has to follow the nomination form name/(s) without any hesitation. The nomination system has been created to avoid unnecessary issues for the society as well as the society member. As I have said earlier, the nominees do not become owners but they have to distribute the ownership as per the shares of the legal heirs.

The society cannot initiate the proceedings suo moto ie. on their own but on the application by a person who has interest in the issue such as yourself or any one of the nominees, the society can put the names of the nominees.

You are right about your share from your father adding to your earlier 50% but to confirm I may have to see your earlier ownership details and the nomination forms.

Anyone who is in occupation of the flat can either stay or rent it out. They may be legal or illegal occupants and their action could also be legal or illegal. If anyone feels it is illegal and is a concerned party say yourself, you may send a notice to the party to desist from doing so. If the party disagrees, then you will have to go through the legal process by taking help of a legal expert.

But do remember that it is better to resolve differences within the family as it is ok to lose something to your near and dear ones than to fight and lose money for the legal process.

S Jadhav

sorry for repeated entries. had some problem with the laptop.

Hi Adv S Jadhav,

Don't worry about the repeat entries.

Your replies are most welcome and very must appreciated.

Thank you once again.

Wishing u the very best.

Warm Regards

Bye

You have stated that your father and you had jointly purchased the flat. So there must be a registered and stamped deed in the names of  you both as transferees. As I stated in an earlier post notwithstanding the byelaws, the Act and the Rules, you have a beneficial right on the property. Are your proportionate shares mentioned in the deed?  If not 50% of the property is yours and the rest only others can claim. Have you got proof of how much you financed the purchase. If you have solid proof and if your share is more than 50%, you can claim that much in the property. Where is the sale deed now? Is it with you? If it is not with you and if it is not accessible to you, but  you had submitted a copy of it to the Society, you can get particulars of its number, date, transferors and transferees. You can apply to the concerned Registrar's Office for a certified copy of the document. Such certified copy is as good as the original.

However in order to get your name  entered as member of the Society, all these are not necessary.  You write a registered AD letter to each of the other heirs, stating that you are applying for membership and you are inviting them to join you in the application to the Society. If they join, it is well and good. If any or all of them do not join you, you apply to the Society along with any member who was willing to join you.

Under the law the Society can honour your application, provided that you give an indemnity bond indemnifying the Society and also that you are willing to accept the others as Associate Members if and when they come forward. But sometimes Societies do not accept your application, due to their fear of legal complications. In such an event you can forward your application and documents to the Deputy Registrar of your ward. The deputy registrar will forward your application to the Society asking them to accept your application or if they do not want to accept to give the reasons therefor. The Registrar may call both sides to a meeting to resolve the issue. He will then give his decion. If his decision is not acceptable, the dissatisfied  side can go on appeal to the co-operative court and to higher courts.

u are right in saying that it is better to lose some part with near and dear but it depends on how they approach u, if their  approach is threatening type, non co-operative , unnecessary baseless allegations, brain washing others to create negative impresssion about me  and create atmosphere of helplessness to boycott me from family so that i get subdued is not acceptable to any brave person as one should never bear injustice, on your own wish if someone agrees it different but using other methods to get things done ,is not correct

dr ramani,

yes agreement has both names and it is registered in both names, i do have true copies of registeration receipt etc, also no mention on proportionate shares etc , i do have proof as builder payment receipt mentioning payment made by with pay order and same has entry in my bank passbook way back 20years which i do have till date.

question i was asking myself that why they(brothers) are not coming forward to enter mothers name ?? then i realize that is becoz someone misguided them that if u dont come forward then since RD is going on CHS will put all their names in share certificates and second reason is they are thinking that once this happens then it is idea of one of brother to rent out flat without my consent and milk rent to run his house forever.

now, my other question is if he does renting without my consent then as soon as i realize that he has done this then how to tackle this, sometime people dont make agreement and may say occupants are my friend etc.it is longsighted conspiracy by one brother to do this.

your views please, i like your advise about approaching via registered a/d LETTER but if they dont receive it then??

my name is already there on share certicate  as second name, and my late father name is first name, can society continue same way in making new agreement??

u are right in saying that it is better to lose some part with near and dear but it depends on how they approach u, if their  approach is threatening type, non co-operative , unnecessary baseless allegations, brain washing others to create negative impresssion about me  and create atmosphere of helplessness to boycott me from family so that i get subdued is not acceptable to any brave person as one should never bear injustice, on your own wish if someone agrees it different but using other methods to get things done ,is not correct