Redevelopment of Co-Op Society, Rights of nominees and legal heir
Sir,
My question is related to Maharashtra Co-op Soc.Act., and Indian Succession Act.
Location of property: Mumbai city
Myself: Nominee in the flat, Legal heir of the deceased and beneficiary in the Will.
Background: We are 3 sons. My late father (died in 2001) own a flat in Mumbai (he is member of society and made 3 nominations with shares like
20%, 40%, 40% to my elder brother, me and my younger brother respectively). He also made a Will (in year 2000) and gave 50% equal share to 2
sons, that is, me and my younger brother. Our elder brother did not get any share. Me and my younger brother submitted copy of Will to society and
asked them to make us both the members. While my younger brother submitted NOC to society for our membership in the society. Society asked
me to get Probate of Will through court. I filed a petition in Bombay HC in year 2003. Since no executor was named in Will, we converted it to petition
of Letters of Administration. The petition is still pending for hearing. Meanwhile my younger brother occupied the whole flat in 2004 with intention of
grabbing the entire property. Since then he started to create obstructions in the petition by taking objections. In year 2015, he took objection that the
said Will is forged and fake. (Note: He himself got 50% share, still he does not wants to honor the last wishes of our father). His sole intention is that,
the said petition will go into the suit and I will get frustrated to fight it in court for next 15-20 years or I will just give up!
Now in 2014-2015: Society plans to redevelop the building and is appointing the Builder. Since my petition of Letters of Administration is in Court,
society says that I and my younger brother (who are beneficiaries of the Will) should Jointly approach the society to sign the redevelopment contract.
Now the builder is giving almost double the current sq.ft. area, so greed of my brother has increased, and he is not willing to go further in the letters of
admin petition, neither shows interest to come as joint-members of the flat.
In this situation, our society says: the Chairman of society will sign the redevelopment contract with the builder and will give the new flat as-it-is to the
occupant (currently my younger brother).
My Question is:
1) If we both brothers (jointly) don't approach the society for redevelopment contract, then can society ask its Chairman to sign redevelopment
contract with builder on behalf of us or our late father who is member of the said flat?
2) Can nominees (here: I and my younger brother) - legally approach society to make builder sign contract with us as a nominee? (here also my
younger brother will not be willing to come forward).
3) If I take-back my letters of administration petition from the court, then as the legal heirs can I, and my elder brother ask Society to give us share
certificates?
4) Do we need to have Succession certificate shown to the Society if I remove the Will petition from the court?
5) How can I and my elder brother as legal heirs, remove my younger brother from the flat he is occupying the flat through legal means? Is there any
provision? He is just occupying the flat from 2003 to 2015 and enjoying it, while harassing me from 2003.
Problem before me is: If my younger brother objects/files a caveat then this suit will take much much more years. I'm now financially unable to run
such suit. Since I'm senior citizen, health-wise can't afford travel to mumbai now and then for the court procedure. What If i take down the Will
petition from court and just go with legal heirs (succession) option?
Kindly give your advice on the matter. thank you.
Asked 8 years ago in Property Law
Religion: Hindu
thank you Ajay Sethi sir for your feedback. I have a follow-up question:
As you stated the redevelopment agreement has to be signed by both the legal heirs - but here my younger brother (who also is the occupant of said flat) is not ready to sign. I'm ready to sign. In such situation, how can society only allow one legal heir to sign agreement if other one is not cooperative. My late father has 5 shares in society. Society told us, if I and my younger brother jointly approach them then they will give half half shares. Now since my brother is not wiling, Can society give me my half share by issuing share certificate before the redevelopment agreement?? Do society need to make us a member of society before asking us to sign the redevelopment agreement? Also what is the procedure to claim myself as legal heir? Shall i take succession certificate? Or is their any other procedure for it? (Note: I've already given copy of Will to society in 2001 itself, society never completed the nomination procedure by issuing share certificates to any of us.)
Asked 8 years ago
