Rocky Yadav
I am retired Wing Commander R Yadav, aged 62 yrs In Dec1998, my bachelor uncle issued a special POA in my favor to take over a 2.5 BHK residential flat in a CHS Ltd in Powai, Mumbai. Since, than I have been residing there, paying house tax, society dues etc by cheques, on his behalf.
My bachelor uncle expired on 22-01-10, in Noida, UP During the last days he was under the care of his younger brother, in Noida. Now, it appears that he died inte state.
Therefore, I am unable to produce any will copy, share certificate or nomination.
Recently, I approached the CHS for an NOC for piped gas. The Chairman, apart from denying the NOC, also threatened to evict me and take over the flat on behalf of the CHS.
So far his younger brother has not laid any claim to the flat. May I request wise counsel please?
I C Naik
Your case attracts provisions of the following bye law compliance of which is a duty of the Committee:
When a member of the society dies without making a nomination, or no nominee comes forward for transfer the society shall invite, within one month of his death, claims or objections to the proposed transfer of Shares and interest of the deceased member, in the Capital/Property of the society, by a public notice, in the prescribed form, exhibited on the notice board of the society. It shall also publish such notice in at least two local newspapers, having wide circulation. The entire expenses of the publication of the notice shall be recoverable from the value of shares and interest of the deceased member in the Capital/Property of the society. After taking in to consideration the claims or objections received, in response to the said notice, and after making such inquiries as the Committee considers proper, in the circumstances prevailing, the Committee shall decide as to the person, who in its opinion, is the heir or legal representative of the deceased member. Such a person will be eligible to be a member of the society subject to the provisions of the bye-law No. 17(a) or 19, provided that he gives, along with his application for membership in the prescribed form, the indemnity bond in the prescribed form, indemnifying the society against any claims made to the shares and interest of the deceased member in the Capital/Property of the society, at any time in future by any person.
If there are more claimants than one, they shall be asked to make the affidavit as to who should become a member of the society and such person, named in the affidavit shall furnish the indemnity bond as indicated above along with application for membership, referred to above. If, however, the Committee is not able to decide as to the person who is the heir/legal representative of the deceased member or the claimants do not come to the agreement, as to who should become the member of the society, the Committee shall call upon them to produce succession certificate from the Competent Court. If, however, there is no claimant, the shares and interest of the deceased member in the Capital/Property of the Society shall vest in the society.
If as a result of carrying out the procedures laid down there in if you could prove your name as a sole heir [to the exclusion of other heir may be by their own will) the Committee will be right to admit you as the member.
