Case in point is as follows =
1. A flat in
2. They both had made a will stating that all proceeds should be devolved in my(son) name after both had expired.
3. My father had also nominated my mother in prescribed nomination form with the CH society with 100% share being in her name.(As per Rule 25)
4. On 23/07/2010, my father expired leaving behind me and my mother.
5. 5 nos shares each of Rs 50 were held by my father and which I now wish to be transferred in the name of my mother with all rights for sale/nomination also to be vested with my mother after transfer.
6. I am the ONLY child of my parents and hence part of class I descendant, other being my mother.
7. I have no objection to aforesaid transfer of shares and will issue NOC as required. Under such circumstances, I have requested the society committee members to do the transfer based on -
a. Application with required fees as per prescribed form
b. Undertakings as required under rural ceiling act as well as NOC form me
c. under taking in prescribed form for use of flat
8. I am being asked for succession certificate by the society management committee however as per legal counsel that I had consulted, this is not necessary, as , -
Section 30 of the
Section 30(1) : On the death of a member of a Society,
1. the society shall transfer the share or interest of the deceased member to a person or persons nominated in accordance with the rules.
2. Or if no person has been so nominated, to such person as may appear to the committee to be the heir or legal representative of the deceased member. NOT APPLICABLE IN PRESENT CASE
3. Provided that such nominee, heir or legal representative, as the case may be duly admitted as a member of the Society.
9. I have also been advised by a federation of CHS at that –
a. CHS can make my mother as first member and myself as an associate member based on application by me/us and paying requisite fees;
b. That my mother has 75% owner-ship right being co-owner and one of the legal heir; other being myself having 25% owner-ship right; subject to proving that we are legal heirs of the deceased- my father.
Hence, I request what documents should I need to produce to prove that I and my mother are the only legal class I heirs. What document in such case can be used for establishing identity of myself and my mother as individuals as well as heirs of the deceased? Is succession certificate the only way?
Will I require another succession certificate to be made on demise of my mother if I transfer all ownership rights in her name today?
Can I make one succession certificate showing all class I heirs –
- From my father to my mother and from mother to me
- From me to my wife; from my wife to my son
10. Can I do the following –
a. make my mother as first member and myself as an associate member based on application by me/us and paying requisite fees;
b. leave it at that for the present;
c. On demise of my mother, do the transfer in my name by probating the will?
Please help and guide