Provisional member cannot sign development agreement t with builder 

2) society can transfer the interest of the deceased member in the flat only when testamentary documents or succession certificate or heirship certificate or document of family arrangement has being produced by the legal heirs of the deceased member or person/s entitled to the flat.
The first proviso under this section further clarifies  that a nominee shall only be admitted as a provisional member in place of the deceased member till the time legal heirs or person/s entitled to the flat are admitted as member/s.
The concept of “provisional member” has been newly incorporated and the term has been defined under section 154B-1(18) as a person who is duly admitted as a member of a society temporarily after the death of a member on the basis of nomination till the admission of legal heir/s as the member of the society in place of a deceased member

You should apply for and obtain letters of administration if your flat is in Bombay 

Kindly clarify did the deceased leave and nomination form 

your sister cannot sign DA as she is only a provisional member 

Society is bound to transfer flat in nane of beneficiaries as per deceased father will 

although probate is not mandatory better apply for probate of will 

probate is judicial proof that will is genuine 

you can complain to registrar against society if you so desire 

Question 1: Can a provisional member (PM) sign the Developers Agreement (DA) even if they don't have legal title to the flat?

Summary of Answer 1:

• The law doesn't explicitly prohibit a provisional member from signing a developer's agreement.
• However, it may not be advisable or valid for several reasons, including the lack of legal title, absence of voting rights in general meetings, and the need for authorization by the managing committee.

Question 2: Do I have a case because provisional membership was granted to my sister without my consent?

Summary of Answer 2:

• You may have a case if you can prove violations of the society's bye-laws or applicable laws in granting provisional membership to your sister without your consent.
• You can file a complaint with the Registrar of Cooperative Societies or initiate a civil suit for appropriate relief.

Question 3: What preemptive measures can be taken to protect our interests and preempt any legal action by the society?

Summary of Answer 3:

• Obtain copies of all relevant documents related to your membership application, flat allotment, share certificate, and developer's agreement from the society.
• Send a legal notice to the society and its managing committee to demand an explanation and seek redressal for grievances.
• Consider seeking an interim injunction from a court to prevent any redevelopment work or transfer of your flat.
• Explore negotiations for an amicable settlement that protects your rights and interests.

In case of development agreements, there is no transfer of legal rights in the land from the owner to the developer at the stage of entering into the agreement.

If the owner of the property is reported to have died then the legal heirs are responsible to sign the development agreement or by one among them on the basis of an authorisation from other legal heirs. 

If the owner is reported to have died intestate then the proeprty left behind shall automatically devolve upon all the legal heirs.

The CHS cannot decide about allotting the primary membership to one of the legal heirs without the consensus arrived among the legal heirs about this.

The aggrieved legal heir can very well proceed legally against the CHS to establish his/her rights

If you feel that the MC is taking an unjustified stand which is legally not binding then you can resort to legal action by first issuing a legal notice through a lawyer demanding the share certificate, let them give a reply demanding apology or reason for refusal, after which you can proceed against them through court of law.

Greetings of the Day,

I have read your issue but find that there are some facts which need to be clarified. You can approach on either nine two one two one two four five eight five or seven zero four two eight three three six eight six for personal approach.

We Hope that a personal consultation would be fruitful to the issue and it would be better for you to talk to someone directly.

Best Regards

SPS Law Chambers
New Delhi.