Panache Z
My husband died suddenly and I am not able to find the nomination paper. Society has not yet searched in their records. So I submitted the Form 17, 19 and related papers for membership of legal heir in case of deceased member (including the indemnity bond, undertaking, affidavit etc.).
This was done since the secretary informed that the transmission issue is taken up in AGM only.
I pay the maintenance charge regularly. However there is one payment about a separate disputed matter which is yet to be paid. Society is using this as an excuse to deny proceeding with the procedure of including me as member. They say that this is as per the Bye Laws of the Society.
However there is no clear statement on this in the Bye Laws.
I also said that I am willing to pay the amount but it is not feasible as of now since I have to take care of other things that are more important. But they still refuse to go ahead on the same.
Is there any law/provision on paper that the society can use to not allow the transmission of the flat in my name (Legal heir) ? after submission of the above mentioned documents.
I C Naik
Dear Mrs Panache,
Condolences from www.indiancooperative.com team
It’s a case of sheer negligence and slackness and ill-treatment to a widow member about which Cooperative Department has taken special note and inserted a protective clause in the 2013 Model Bye-laws. You can see these Bye-Laws on website (Control+Shift).
1.Admitting individuals to membership of cooperative housing society is within the authority of the Committee if everything is in order. Application for membership of a body corporate is dealt with by the general body meeting. So bringing A G M in to the picture is ignorance of Bye-laws on the part of hon. Secretary (need not be ruled out).
2.It is violation of of denial of rightful ownership to property which is guaranteed under Section 30 of the M C S Act 1960 which reads as (1) On the death of a member of a society, the society shall transfer the share or interest of the deceased member to a person or persons nominated in accordance with the rules, or, if no person has been so nominated to such person as may appear to the committee to be the heir or legal representative of the deceased member. Provided that, such nominee, heir or legal representative, as the case may be, is duly admitted as a member of the society:
3.As for delay in searching nomination form is slackness on the part of Hon. Secretary. It is not difficult to ascertain if a deceased had file nomination as Bye-Laws provide a proper procedure. For every nomination there are three places where information has to be maintained:
a.Minutes of the committee meeting: Bye-Law No 33
b.Nomination Register: Bye-Law No 33 and 142(xi)
c.List of Nominations: under Bye-Law No 143(xi)
4.Application to admit a eligible rightful person to membership of the cooperative society is to be disposed off either way by the Committee as provided under Bye-Law No 65 with in a time bound manner. Its Clause (g) is worth noting:“If the society does not communicate the decision to the applicant within three months from the date of receipt of applications for membership, including nominal or associate membership, the applicant shall be deemed to have been admitted as a member as provided under Section 22(2) of the Act.
5.”If you have obtained acknowledgment of the Society after submitting the Application of membership to the Society and if three months has passed from that date, you have to simply hand deliver a letter as under.
I am the wife of late Mr …. who was a member of the Society as on …….on which he suddenly passed away.
On ………I had submitted my application for admitting me as a member being a legal heir of deceased member.
I request you to please return to me the Share Certificate number for shares held by my husband late Mr ………..after entering my name as the member in place of my husband’s name.
This letter is being sent under an advice that as provided under registered Bye-Laws of the Society “if the society does not communicate the decision to the applicant within three months from the date of receipt of applications for membership, including nominal or associate membership, the applicant shall be deemed to have been admitted as a member as provided under Section 22(2) of the Act.”
6.If after that also the Society does not act you have host of legal remedies including a simple complaint to Women’s forum for harassment of a widow member of the Society and to a Consumer forum for deficiency in service to a member as also the Dy Registrar of your ward.