The Society has a number of members who are admitted to membership of the Society, on the basis of nomination registered by intestate deceased member/s and such members hold the flat in “trust” as under bye law no.34. Further to the MCS Amendment Act 2019, the Society admits Nominee/s as “ Provisional member/s”, Under section 154-B-13 ,till legal heir/s or a person/s, entitled to the flat and shares, in accordance with succession law or under will or testamentary documents or family arrangement are admitted as member/s in place of deceased member/s. Clarification Required :- 1) What are the specific exhaustive list of Documents admissible by the Society to admit member/s in place of deceased member/s as envisaged in place of deceased intestate member, under section 154 B-13 of MCS Amendment Act 2019 ?. 2) Can Release deed / Relinquishment deed etc, be accepted by the society for transfer of shares, before the legal heir/s establish their legal succession / heirship under the law of the land?. 3) Are Release deed / Relinquishment deed /Gift deed etc, valid documents to establish legal heirship / succession to the estate/flat of an intestate deceased member ?. 4) Is the Society governed by the provisions of Transfer of property Act, Hindu Succession Act, Indian Succession Act,Maharashtra Stamp Act etc relating to transfer of flat and its shares ( immovable property) from one person/s to other person/s ?. 5) Is the Society Committee liable to be sued as present or past committee members or office bearers for any commission or omission, as provided under the aforementioned /relevant laws?. 6) Any other clarification/direction/order/instructions, on transfer of flat held by nominee/s, to protect the interest of the Society / its office bearers and managing committee members.
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Society can insist that letters of administration be obtained from HC as deceased died intestate
2) society can accept release deed or relinquishment deed or gift deed for transfer of flat
3) they are valid to confer title to flat
4) succession is governed by provisions of hindu succession act if deceased was hindu
5( society can insist on indemnity bond fir transfer of flat
1. The specific document that may be considered in respect of the deceased member who is reported to have died intestate is the legal heirship certificate issued by the revenue department or a succession certificate issued by a court off law.
In some places they issue a surviving members certificate, but that is not an exhaustive list of the successors in interest to succeed to the proeprty left behind by the deceased owner.
A nominee nominate by the deceased member shall be just a trust to receive the property on behalf of the legal heirs and cannot be a member by the virtue of the nomination made on his/her name until and unless he or she is also one of the legal heirs/successors in interest.
2. The registered release/relinquishment deed is to notify that the shareholders have released their share in the property of the deceased to one of the shareholder, but that cannot be an exhaustive list of the successors in inters to succeed the property of the deceased, that has to be supported by a legal heirship certificate.
3. The above answer suit this question too.
4. The society is governed by the MCS Act and its bye laws besides applicability of CPC wherever possible.
5. The society members, if found to have done any gross violation to the existing laws, actions can be initiated against them as per law.
6. The society may adhere to the bye laws in this regard and there should be no relaxation or favoritism to any particular sect in this regard, so that the society can keep itself clean under any or all the situation.
1. Legal Heirs /Claimants of Members who have not executed Nomination Forms and have died intestate, can apply to Society for Transfer of Membership (Application, Transfer & Indemnity Bond & Newspaper publications .... ) and the Society shall make them as "Provisional member" and record the barring of selling the nominated property, in the "I" register, till further court orders.
2. IF CHS receives a duly executed & Stamp Duty paid & Registered Deed/s or Court Decree, for the deceased's property, THEN CHS, has no role left, but to transfer the membership to such applicant/s, without any further legal references.
3. IF the CHS fails in above point no. 1 & 2, THEN the MC becomes liable for criminal & civil proceedings at the hands of the legal heirs /beneficiaries, who can surface at any time in future.
4. NOMINEE DOES "NOT" BECOME OWNER OF FLAT:
https://chshelpforum.com/nomination-in-chs
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Legal heir certificate/ration card etc in case of intestate demise.
Release deed executed before establishing heir ship is valid but society may demand LHC to prove succession.
Gift deed executed by deceased owner is valid - no other document require. Release deed / Relinquishment deed /Gift deed between successor co owners, LHC certificate still can be demand by society.
Society governs by respective state society act. Transfer of ownership due to succession -- Hindu succession act.
For any fraud committed, respective office bearer is solely responsible and can be sued.
No harm to society when property is transferred by relying on documents submitted by applicant.
1. If the deceased member has left no Will and no nominee, then insist for a letter of administration from any one legal heir of the deceased member. The administrator appointed under the LA will then hold the flat and shares in trust for other legal heirs. Even if LA is not produced and the legal heir satisfies the society by submitting documents which show that he is indeed a legal heir of the deceased, then the transfer can be effected in his name and he will hold the flat and shares in trust for other legal heirs
If there is a Will then a probate grant is required. The flat and shares can then be transferred to the executor named in the Will and who has submitted the grant to the society. The executor would also hold the property in trust for the legatees named in the Will in whose favour the property is to be ultimately transferred
2 and 3- one or more legal heirs may release or transfer their respective shares to another legal heir by a release deed or gift deed respectively. But this does not dispense with the requirement stated in 1 above. How will the society know that the parties to the release deed or gift deed are actually the legal heirs of the deceased and that apart from them there are no other heirs of the deceased? Society will not get a valid legal discharge in this case and its liability will continue until the requirement under 1 is met
4. Society is governed by the Maharashtra societies act, 1960, and the rules regulations and bye laws under it. The members and in case of their decease their legal heirs would be governed by the various acts stated in query 4
5. Only if there is a violation of MCS act and its rules regulations and bye laws. Disputes will be governed by s. 91 of MCS Act.
6. As explained in 1
You can admit them in basis of affidavit or death certificate paper publication and indemnity bonds. It's just a provisional membership subject to cancellation if concrete evidence of Heirship from them or other members claim arises later.
They can be sued provided their deliberate act is proved for commission of the said irregularities.
It should be as per the MCS act transfer provisions only
1. Legal heir certificate from tehsildar and IDs of legal heirs are the documents required to admit members at place of deceased.
2. Yes release/ relinquishment deed are accepted by society.
3. Yes
4. Yes society is governed by all statutory laws of state.
5. Yes society is liable to be sued if they intentionally or unintentionally evade the laws.
