we are 3 heirs of a deceased member ( my father ) of a coop soc in mumbai . None of heirs is made member of society despite making an application for membership . My father ( deceased member ) who expired in 1989 , had dispute with society about outgoings and sinking fumnd collection apart from leakages in his flat . Society was not providing any details to him since 1984 till his demise in 1989 and was doing same thing to heirs after his death . Society was NOT ENCASHING cheques sent by deceased member or his heirs till 2024 . it's contention was member was no member after his death and heirs who were associate members during his lifetime , lost their associate membership in1989 itself . Yet society was demanding arrears of society dues from heirs with 21 % interest compounded on monthly basis . Court granted dues outstanding till deceased member death and said decree amount was deposited by heirs in HC while challenging the decree . Matter is still pending in HC .
Now Society has gone in for redevelopment of building without improvising heirs any details of project affecting deceased member's flat ( designating his flat as " Estate of deceased member .........." . Even "Soil testing stage " has been completed .
Questions - 1) Will heirs lose their right over flat for ever ?
2) Can society / developer carry on redevelopment without safe guarding
heir's rights ?
3) what happens to case pending in HC , if flat of heirs is demolished ?
4) what are remedial steps ?
5) Heirs have absolutely No intentions of objecting redevelopment ( as
building is over 55 years old and is structurally weak ) Their ONLY worry is
how to safeguard their interest and flat when society is in NO MOOD to
dialogue and hell determined to oust heirs from
GUIDANCE PLEASE . urgent .
