Membership of co-operative housing society
my uncle purchased a flat of a co-operative housing society and he is the member of that society. he was a bachelor and nominated me in respect of the said flat as his only nominee under West Bengal Co-operative societies act, 1983. My said uncle died in the year 2007. thereafter i have applied to the secretary for membership of the society as a nominee on 05/01/2013 but he refused to accept my letter and then i have approached to the Registrar of the Co-operative society. But still now i did not get any response from his end. what should i do for getting membership of the co-operative housing society ?
Asked in Civil Law from Kolkata, West Bengal
1) nominee is a trustee for all legal heirs .
2) since your uncle had made a nomination of the flat in your name society is bound to transfer flat in your name on death of your uncle .
3) at most society can insist you furnish an indemnity bond in favour of the society .
4) if society refuses to accept your application for transfer and Registrar refuses to take any action file an RTI application with the registrar as to what action has been taken on your complaint .
5) ultimately you may have to move cooperative court for necessary reliefs
WB Housing Society should have honoured your uncle's nomination in your favour. Complain to jurisdictional Registrar of Co-operative Societies against the WB Housing Society in not honouring your uncle's nomination.
Dear Client,In that case you should file a complaint againsgt WB Housing society and also file RTI for seeking the procedure.
On what ground the society is refusing? May be they're asking for succession certificate. Do you have the original documents of the flat? Take the documents and death certificate of your uncle and all the legal heirs can apply for succession certificate from court in case your uncle has not prepared a will. If he has made a will in your favour or somebody else's favour, then the person has to approach court for probate of that will.
1. The said Co-Operative Society is not right in refusing to register your name as the member in place of your uncle, being his nominee,
2. In fact the share certificate issued in faour of your uncle by the Society needs to be changed and your name should be added in place of his name,
3. You have not mentioned as to why the said name transfer has not been affected by the Society or the Registrar,
4. At thgis stage issue a legal notice demanding issue of fresh share certificate in your name and register your name as member with in 15 days,
5. You are expected to get reply from them to decide your course of action.