Ameya Bhangle
My grandfather passed away recently. He was a member of a CHS, and had made a single nomination in the name of my grandmother.
We have filled in all the required forms/affidavits for transmission of the flat to her name. But now the society is asking for an affidavit from all the heirs (3 children) stating that they have no objections to the transmission of flat to the designated nominee. We believe that this affidavit is not required since there was a clear nomination done in this case.
Can you please guide? If you would want to discuss this over phone, I am happy to call you. Please provide me your phone number in that case.
I C Naik
Procedure of transfer of shares and interest of the deceased member in the Capital/Property of the society to the Nominee is laid down in Bye Law No 36 (1984 Model) (32 in 2009 Model Bye Laws):
In brief it is as under:
1.Nominee should be eligible and fulfill conditions for admission to membership as per Bye Law No 17A/19.
2.Nominee(s) shall submit the application for membership, within six months from the death of a member.
3.Form for applying for Member/Joint membership by the nominee(s) is prescribed under Appendix 15 to the Bye Laws.
4.If the deceased member had nominated more than one nominee, only one can be a member as may be agreed mutually by all nominees and the rest have to be admitted as joint members if they so desired.
5.In case of 4 above, it may happen that other nominees, do not want to become Joint Members opting for only one nominee to be admitted to membership of the society. They forego their right to be joint members.
6. It is only in case falling under 5 the question of filing Indemnity Bond as per Form in Appendix 18 arises. It is required to be executed by the Nominees giving up their right as aforesaid. They must put it up on record that their rights have been surrendered.
The Answer:
The Committee is not obliged to wait for an affidavit from the heirs (3 children) to the effect that they have no objections to the transmission of flat to the designated nominee BECAUSE they had not been nominated.
It may be noted that the 3 children or any other person has a right to claim interest in the property by satisfying the competent Court about their claim of succession. But the Bye Laws have simplified the matter for smooth functioning of cooperative housing societies and Committees have to go by Member’s wish as per valid nomination.
