Query from Arvind Lobo

Arvind Lobo

REGISTRATION NO : BOM/WR/HSG/TC/9334/1996-97 (MAHARASHTRA)

Flat is in joint Names Husband/Wife. Husband passed away. Kindly advise procedure to delete Husbands name from the Share Certificate.

I C Naik

In 1996-97 bye-laws Model 1984 was available for registration of bye-laws. Assuming further your society did not adopt any of the subsequentModel bye-laws (2001,2009 1nd 2014), rules to be followed upon on member’s death are as under.

  1. The person shall cease to be the member of the society:

(i) On his resignation…

(ii) On transfer of all his shares and interest…..

(iii) On his death.

(iv) On his expulsion….

(v) On being adjudged as an insolvent…

The Committee shall take further action in the matter as indicated in the bye-law No. 62A.

62A. The Committee shall record the facts of cessation of original member’s membership of the society under the bye-law No. 59 ….. in the minutes of its meetings. The Secretary of the society shall send intimations of cessation of membership to the members, the associate members or the nominal members, within 7 days of the dates of the meetings of the Committee in which the facts about cessation of membership were recorded. In case of cessation of associate and nominal members’ membership, similar intimations shall be sent to the original members also.

Funny enough….

It is pertinent to note bye-law No. 60:

“Bye-law No. 60 The person shall cease to be the associate member of the society, when the original member ceases to be the member of the society or on the death of the associate member or on the acceptance of the resignation of the associate member by the Committee.

The Committee shall take further action in the matter as indicated in the bye-law No. 62A.

Rules as to what happens to the flat’s ownership upon death of members are quite passive in part F of Chapter VII of registered bye-laws of your society. Concerned bye-laws are 34-39 both inclusive.

 

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