Death certificate, affidavit and letter of administration. Still you have a word with the secretary different Societies follow different norms.
Letter of administration
Hi my cousins having letter of administration from bombay high court so what documents have to be submitted to the co operative housing society for the transfer of flat which is in my deceased aunts name.like any forms like appendix form.regards
Asked 7 years ago in Property Law
Religion: Christian
11 Answers
1)cousins should make application to society to transfer share certificate in their name
2) enclose copy of LA obtained from Bombay high court
3) indemnity bond
4) share certificate
Sir an application along with copy of LOA and the brother identity proof can be submitted with the society requesting transfer.
Further society may ask for indeminity bond for same.
society asked for appendix form 15,17,19,4,3 to be filled are they right form becoz appendix form 15 is nominee form.regards
Asked 7 years ago
The form of application for membership in Appendix-15, by the nominee/ nominees [ under Bye-law No. 34] with Rs100 entrance fee.
appendix 15, 19., are to be filled in where nomination form is filled by deceased member
in your case where there is LA obtained following documents have to be submitted
Application for membership by an heir of the deceased member, in Appendix-17, with Rs100 entrance fee. [under Bye-law No.35]
(2) If the heir does not have an independent source of income, an undertaking by an earning member and relative of the heir, who is ready to pay all Society's due of the heir has to be made on Rs100 Non-judicial Stamp Paper.
(2) The heir has to give an indemnity on Rs200 Non-Judicial Stamp Paper, in Appendix-19. [ under Bye-law no.35 ]
(3) The heir has to give an undertaking on Rs100 Non-Judicial Stamp Paper, in Appendix-4. [under the bye-law no. 17(b) and 19(A)(iv) ]
(4) CHS will display the notice in Appendix-16 in its notice board, send a copy to every member of the Society and will publish it in two local news papers having wide publicity, one in local language and one in English. Any claim from the public has to come within a period of 15 days from the date of publication of the notice. [ under Bye-law no.35 ]
Sir 15 are to be given only when there is nomination filed. The application in appendix 17 along with entrance fee.
The indeminity shall be under appendix 19 which has to on stamp paper.
submit LA plus the registered transfer deed executed by the administrator in favour of legal heirs of deceased
alongwith that you need to submit usual society transfer forms which include the nomination form
Hi,
The society has rightly asked those appendices because these are related to surviving members certificate, nomination and other things.
The forms that are to be submitted for transfer will be available with the association/society itself or you will be intimated about it by them when you approach them.
You can attach the copy of letter of administration as well as the death certificate and the legal heirship certificate to the application form seeking transfer.
The Maharashtra Co-operative Societies Act, 1960 and Maharashtra Cooperative Societies Rules, 1961 provides two options namely; (1). Transfer to Nominee of the deceased member and (2). Transfer to the Legal Heirs of the deceased member. Standard Byelaws of Co-operative Housing Societies provide procedure under Byelaws 34 and 35.
You may go through the rules and find out whether the forms are the genuine one or not.
At the outset that if the procedure prescribed under Byelaws 34 or 35 is followed and the applicant is eligible to be member of society, there is generally, no reasons for the society to refuse admission and transfer of shares or keep the matter pending.
Dear Sir,
Without any issue you have to get documents submitted before the society and get transferred the property smartly. Secondly nomination is required whenever property being transferred in the name of another person.
