Deepak Narayan Bhandarkar 01 October 2024

Rights of heirs of a deceased member in redeveloped building.

Rights of HEIRS of a deceased member in redeveloped building . Total Replies : 0 Report Abuse

Deepak Narayan Bhandarkar 01 October 2024 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 providing 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 and their flat ?

3) what happens to rights of heirs and 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 the flat .

GUIDANCE PLEASE . urgent .

Reply Follow

3 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 01 October 2024

I presume that the deceased member had made no nominations, nor had he made a will. The heirs were Associate Members of the society. Are any of the heirs staying in the flat? If not, who is staying in the flat? Under the circumstances the legal heirs will have to get a succession certificate. You get the advice of a lawyer and apply for succession certificate. You also pray to the appropriate court for a stay order on re-development until your issue is settled.

No the heirs will not lose their rights on the flat.
No. provided you get appropriate court order.
If you get stay order, they cannot demolish your flat.

T. Kalaiselvan, Advocate (Advocate) 01 October 2024

1.The rights of legal heirs cannot be deprived by the society for any reason.

2. The legal heirs, if are not considred by the develioper and has not been included in the process of redevelopment, then they may obtain a mandatory injunction against the builder to include their names failing which the court can pass a stay order against the redevelopment process.

3. File a petition for stalling the process of redevelopment before the civil court.

4. You can initiate legal actions as suggested in consultation with a local lawyer.

Dr. J C Vashista (Advocate ) 02 October 2024

Multiple legal issues are involved in the facts posted by you despite the fact that an able, competent and intelligent lawyer is engaged / paid by you who has successfully been protecting interest of LRs of deceased father / member of society.

Neither the Society nor builder can oust the LRs of deceased member from their legal rights, despite the fact that the member did not nominate either of them (LRs) or died intestate, which is not mentioned therein the post.

However, if Society or Builder do not accommodate / recognise LRs of members in the redevlopment of building, you must obtain stay order from competent court and stall work till then.

The case is stated to be pending before High Court, hence comments on a sub-judiced case without pursuing judicial file shall be futile and may be inappropriate.

Instead of seeking a second opinion on this platform on the basis of limited facts, you should seek advise and guidance of your lawyer, who is well aware about facts and circumstnces of the case, if you have not lost your faith in him/ her.