What is the correct course of action to be taken by the Co-op. Housing society, when it finds that an accepted Nomination is invalid after the death of the nominator. Should the society move court / Registrar against the Nominee to vacate the flat? Is there any time limit for action by the society?
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1) nomination must have been scrutinized by the managing committee before it is recorded in nomination register
2) what basis you say nomination is invalid please clarify .
3) nominee is only a trustee for legal heirs till all legal heirs are brought on record and has no rights of ownership over the flat
4) society should direct legal heirs to obtain succession certificate or letters of administration from court
Society would go nowhere. It is the person who was aggrieved by the wrong nomination would challenge the nomination.
There is no time limit to challenge such nomination.
As per your Question if Nomination is invalid after the death of nominator ,then the Nominee can get the proof of relationship of the Nominator that he has to show the relationship and proof of the relationship to the Co-op. Housing society, and the Co-op. Housing society will accept after getting succession certificate from the court and nominee the said person
Ans 1. The nomination was endorsed by the Chairman, Secretary and the Treasurer. However, no Nomination Register was maintained by the society since its inception, as admitted by it. Ans 2. The husband was the original share holder, with wife his nominee. They have no children. After his death, she did not make an application for membership. She simply submitted the husband’s death certificate and sought membership. The share certificate was not endorsed with her name as member. Hence, the nomination made by her is invalid. The society claims as above after 8 years of her death. The flat remains in possession of the Nominee after her death. Ans 4. For long, none of the 8 heirs or more staked his/her claim. The society was provided names and addresses of the heirs upon demand. It contacted one of them. He approached the society and Dy. Registrar with his claim but without the Succession certificate or letters of administration from court. The Dy. Registrar decided the matter saying he had no jurisdiction to decide heirs. Subsequently, this heir approached the civil court to evict the nominee, claiming his right without evidence. The heir did not pursue the matter with the courts and his claim was dismissed for non-appearance for evidence. Now, the society refuses to accept my membership. Can the society move court or any other authority against the Nominee to vacate the flat?
Nomination is not a transfer of title as a nominee is only a trustee who holds the property in trust for all legal heirs. It does not overthrow the law of succession and inheritance. On the demise of husband all his heirs i.e widow, mother and children succeeded to his property. A co-owner cannot be evicted from the property by another co-owner except if partition has taken place. If your share is being denied to you then the remedy is to file for partition.
1) was application for membership by the wife placed before managing committee of the society for consideration ?
2) was any resolution passed by society admitting wife as member . ?
3) was it ratified by AGM
4) share certificate ought to have been transferred in name of wife if application for membership was accepted by the society
5) nomination would be invalid if flat not transferred in name of wife . it is surprising that nomination was endorsed by the office bearers of the society .
6) nominee should apply to bombay high court and obtain letters of administration of the flat in favour of legal heirs
My stand is that the heirs should, either singly or collectively, obtain a letter of administration or a succession certificate from the courts. The heirs are not interested in doing this. They simply want the property without making any efforts and payment of stamp duty, etc. The society colludes with one of them for some reason not known to me. On the other hand, the society was mis-managed since its inception on the following grounds: 1. Share certificates issued in 1977, but society registered in 1979. Nominees were mentioned on the share certificates. No Register was maintained. 2. No conveyance from the builder/plot owner was sought then. Deemed Conveyance order has been received now with only 10 members declared against the 11 registered. 3. In the registration application, the said flat was shown as jointly held. 4.The number of members in this registration application was 11. This was subsequently reduced to 10. However, the share capital is still being shown as of 11 members. A garage, independent of the main building, was also issued the shares. 5.There was no knowledgeable person administering the society. The members were absolutely blank on the rules and regulations. Except collecting the members dues and accounting them, no other function was carried out. 5. When the Nomination was presented to the MC, it simply stamped it and returned it back duly endorsed. 6. After the death of the Nominator, the Nominee was admitted as a member and membership fees collected by the MC.However, the share certificate was not endorsed verbally saying that the Nominee should get a Succession certificate. 7. The society issued a certificate to the Nominee that he is on the rolls of the society as a Nominee. 8. The possession of the of the property remained with the Nominee and he continues to hold it even now. 9. After all this, when a suitable endorsement of the nomination on the share certificate was sought, the society sought a succession certificate from the Nominee. He clarified that the Nomination endorsement was sought and not the ownership of the flat. 10. Not having succeeded in getting this endorsement, the Nominee moved the Dy. Registrar. Discrepancies noticed in the functioning of the society were also highlighted. 11.The society demanded the names of the known successors. 8 successors names were readily given. The society then contacted only one heir and the heir claimed that he was the only heir. This heir placed this affidavit before the Dy. Registrar. The Registrar ruled that he had no authority to determine the heirs. 12. The heir then filed police complaint of illegal possession of the said flat. After enquiry, the matter was closed by the police as civil in nature. 13. The heir also filed a complaint in the City Civil court simultaneously. This case has been disposed by the court due the non appearance of the plaintiff with his evidence of succession. 14. The society is still adamant not to recognize me as the Nominee and does not accept the normal outgoings of the society, for which no bills are being raised on the said flat. Under these circumstances, the possession of the property still remains with me. Now, can the society evict me from the flat, especially since the plot is likely to go for redevelopment. What is the action required to be taken by me to protect the interests of the Nominator?
1) the society has admitted nominator ( wife) as member . membership fees were collected by the society .
2) nomination form in favour of nominee was endorsed by office bearers of the society . society has issued letter to nominee that he is on rolls of society as nominee .
3) society cannot evict you from the flat
4) to protect your interests obtain letters of administration from court. it takes only 6 months
What is the correct course of action to be taken by the Co-op. Housing society, when it finds that an accepted Nomination is invalid after the death of the nominator. Should the society move court / Registrar against the Nominee to vacate the flat? Is there any time limit for action by the society?
If the nomination is found to be invalid then the society may ask the occupier of the flat in the name of nominee to produce legal heir ship certificate and can issue a legal notice for further legal action on this as envisaged in the bye laws of the society.
Actually a nominee cannot claim ownership of the property just because he was a nominee of the deceased, the nominee's role is like a trustee on behalf of the legal heirs to receive the property and disburse the same equally among all the legal heirs of the deceased flat owner.
Now, the society refuses to accept my membership. Can the society move court or any other authority against the Nominee to vacate the flat?
The society may refuse to give membership to the nominee demanding succession certificate from court of law. However as per bye-laws of the society, a nominee can be allotted with membership if there are no rival claims for the property
The membership of the society will not effect the transfer of property in your favor if you are the legal heir and claiming ownership on that basis.
The society has no power to evict you from the property because it is not the exclusive property of the society.
14. The society is still adamant not to recognize me as the Nominee and does not accept the normal outgoings of the society, for which no bills are being raised on the said flat.
Under these circumstances, the possession of the property still remains with me. Now, can the society evict me from the flat, especially since the plot is likely to go for redevelopment. What is the action required to be taken by me to protect the interests of the Nominator?
You should send a legal notice o the society to make an endorsement as 'Nominee' based on the valid nomination made by the deceased owner during the life time. If the society refuses or does not complies with the demand, you can move the cooperative court seeking relief.
The society has got no power to evict you from the property and in the event of of society refusing to recognise you, then you can move an injunction suit against the society restraining its development program without taking your consent.
You cannot be evicted from the property except with a court order in this regard. The remedy is to file for partition to seek division of share. If you apprehend being thrown out of the property by the society then you have the remedy to seek injunction from the civil court.