Faredon Darewalla
I have been reading a lot of your posts on the co-operative membership related queries. Please could you advice me on a similar query faced by me and my family.
We are Parsis living in a cosmopolitan society in Mumbai. The flat was purchased in a society in the year 1971. Signatories to the sale agreement (in 1971) were my father and my grand parents on one side, and the builder on the other side. Initially the share certificate also mentioned the said 3 names. (i.e. my father, my grand mother and my grand father)
Subsequently in the year 1980, my uncle’s name was inducted in the share certificate as the fourth member. Thus presently there are four names in the share certificate – i.e. my grandparents, my father and my uncle.
We would wish to know what are the rights that my uncle (or his heirs) have over the flat? Can they demand 25% as per the share certificate. Please note that the said rights are being contested by my uncle’s legal heirs since my uncle has passed away. Further i have lost my grandparents too. My father is the only surviving member as per the share certificate.
I C Naik
It appears that father of Mr Faredon Darewalla’s name appeared first in the share certificate. If it is so for CHS he is the member entitled to claim all membership rights including a right to nominate a person to become member after his death.
So best thing is get a nomination form which is to be filled in duplicate. Lodge with the Secretary taking acknowledgment. Committee is required to resolve that your nomination has been received and is taken on record in the member’s file.
The share in the flat is not an issue Society handles. That is required to be solved by a civil suit, which is not an area of your concern. Your uncle has to prove that property belonged to your grand father which your uncle and father have inherited. Society will then recognize the share of all joint members.