V.S.Venkatesh
A flat is in the name of my wife and her mother. Her mother’s name is the first. She died on the 14th August 2015.
- What is the procedure to delete her name and retain my wife’s name?
- What is the procedure to add my name as an Associate member?
- Is Nomination of our children possible?
All in one Go. Please reply ASAP . So I may not miss any date schedule.
I C Naik
Upon death of a member having 1st name on share certificate, the associate member ceases to be a member of the society. if the member has filed nomination the nominee must make an application to the society to admit him/her as a member by submitting forms prescribed under the Bye-Laws, so contact office manager he will guide.
If no nomination was filed then also inform the Secretary about death of your wife’s mother. The society has a direction in the Bye-Laws for taking necessary actions in such cases. Following Bye-Law is reproduced for your information. (Bye-Law No 35 as per model 2001/2009):
“35. 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.”
A member taking place of your mother can nominate any person including minors.
