Sameer More 07 January 2022
My father who was member of a society expired without making any of his legal heirs a nominee. We ( mother, my married sister and myself) submitted the form "transfer to legal heirs" which includes forms 17,19, affidavit & undertaking. But our society made my mother provisional member. Now if me and my sister do a release deed and affidavit and release our rights on the property to mother can she become absolute member?
kavksatyanarayana (subregistrar/supdt.(retired)) 07 January 2022
Your mother is a provisional member. It is sufficient. If you and your sister relinquish your rights in favour of your mother, your mother will be the sole owner of the property, and next either you or your sister have no rights over the property and you both cannot claim on the property.
Dr J C Vashista (Advocate) 08 January 2022
Well analysed, opined and adviased by expert Mr. Kavksatyanaryana, I endorse and appreciate.
The society has taken correct action and granted provisional membership to your mother.
However, ownership of intestate property left behind by deceased member (your father) and share of society are two different subject / connotations /propositions governed by different laws.
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