• Succession Certificate for our Industrial Gala

The property ( Industrial Gala in the Industrial Estate in Mumbai) was purchased from the builder by my Late husband. The Gala is closed as no activity is going on there. I along with my two children am the legal heir. I do not have any Father or Mother In Laws.  
The maintenance receipts even today are being issued in the name of the builder because my Late husband was not yet a member of the Co.Op.Sct.
Out of the 103 members only 93 members are registered with the society as members. 
The maintenance bills are being sent in the name of the builder but are being duly sent to my Late husbands office by post and addressed to my husband. 
My Husband was paying all the property tax and maintenance till the date he expired. Thereafter, I have  continued to pay the dues by cheque through my account.
Now after applying for membership to the society, they are refusing  by saying I should get a succession certificate only after which I shall be accepted as a member.
My question:
The society has been addressing all maintenance and property tax bills to my brothers address.
I requested them to accept the application and also requested them to accept my bond, indemnifying the society from any claims from anyone in future. 
I have even agreed to submit an affidavit cum bond from my son, 25 years old and daughter, 22 years old,  stating that they have no objection in the gala being put in their mothers name.
Have also agreed to submit an unregistered copy of my husbands will stating that the gala be transferred in my name.
Is the society's demand to bring a succession certificate justified.
Can I challenge the demand through lawyer without having to go through the lengthy process of succession certificate procedures or court cases against the society.  
Your advice would definitely help me in taking some decisive step.
Lubaina A.B.
Asked 2 years ago in Property Law from Greater Mumbai, Maharashtra
Religion: Muslim
1) society is playing safe . hence it is asking you to obtain succession certificate from high court .society is justified in its demand  

2) succession certificate wont take more than 6 months . 

3) if as per your husband will gala has been bequeathed to you then society should transfer gala in your name . 

4) probate is not mandatory for muslims. if your husband had not left a will then succession certificate would have been required 
Ajay Sethi
Advocate, Mumbai
44153 Answers
2561 Consultations

5.0 on 5.0

Hi, it is my opinion better you can apply for succession certificate from the court.

2. Suppose if you go for challenge the order of the society then also you have to fight in the court.
Pradeep Bharathipura
Advocate, Bangalore
4527 Answers
202 Consultations

4.3 on 5.0

1. The demand for succession certificate is illegal. To transfer the membership to you the society does not require a succession certificate. The transfer can be made on the basis of will and death certificate of your husband supported by an affidavit executed by you before an executive magistrate.

2. You can issue a lawyer's notice to the society to demand the transfer of membership to you. If the notice from your lawyer does not produce the desired result then you may file a lawsuit to seek court's directions to the society to make the transfer in your favour.

Ashish Davessar
Advocate, Jaipur
22958 Answers
631 Consultations

5.0 on 5.0

Any legal action including the lawyer's notice to the society may earn the wrath of the cooperative society which will be detrimental to the peace process already initiated.  The cooperative society no doubt can demand the succession certificate to transfer the share to the successors in t=interest to the deceased member, but the society by its discretion may accept the indemnity bond too and also can ask for any other local formalities to be complied with for the purpose.Try through some reliable office bearers of the society. 
T Kalaiselvan
Advocate, Vellore
34322 Answers
367 Consultations

5.0 on 5.0

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