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S. K. Vaidya (Employee)     31 January 2012

Membership in co-op-hsg soc ltd

Deceased member has nominated her husband as sole nominee and has also made will bequeathing her flat to her husband. Time will be required to get the will probated. Can society admit sole nominee as member of the said Society without consent of other heirs of deceased member?. The property is in mumbai and society is going for re-development and hence can rent, corpus fund be given to nominee member to the exclusion of other heirs and possession of flat can be taken for re-development of Society's property. The probate is essential but in order to avoid delay of  re-development process society is thinking of giving membership to the nominee on the strength of sole nomination. can heirs of the deceased member obstruct re-development process?



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 2 Replies

SRIPRAKASH BHATTACHARYA (RETIRED)     31 January 2012

As per the Co-op. Acts and Rules, prevailing in all the states of Union Republic of India, the nominee will inherit the memebrship of the Co-operteive Housing Society. In the instant case, the husband is the nominee. Probabte of will is a different issue. In the will the deceased memebr (herein the wife) might have bequeathoted many other immovable and movebale properties in favour of many others too. However, summersigly it is mandatory for the Co-operative Housing Society to transfer the property in the name of the nominee i.e. the husband in thsi case. (Please also go through the relevant acts and rules of the state in question. Further this is available in the websites too.)

-- Sriprakash Bhattacharya

bhattacharyasriprakash@gmail.com

Chaitanya_Lawyer_Mumbai (Lawyer)     31 January 2012

In co-operative society,Nomination indicates person whon the society shal deal with in case of death.

All Legal heirs (husband & all children in your case) have rights over the property in equal share.


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