Our housing soc is registeted in 88-89, P-ward, Mumbai Maharashtra.We have adopted the Model Bye Laws 2014.
After the death of a member, nominee has applied for the membership. The Committee has accepted the membership application.
My questions are :
1) Can the name of nominee be enter in the back sight of the Share Certificate .
2) can the society demand Rs.500/- as transfer fees. In my opinion this is not a transfer.
3) Can the nominee make the nomination ? In my opinion he/she is a trusty of the flat,he/she is not a owner.
4) A flat has been purchase by Mr. A and Mrs. B. However at the time of membership Mr. A has paid the entrace fees and become a member and Mrs. B has not filed associate membership form and not paid the entrance fees of Rs. 100/- However, her name has been enter in the Share Certificate as Joint Member by the Managing Committee.
So can she attend the General Body meeting and stand for Election of the Managing Committee eventhough she has not made the Associate Membership form and not paid the entrance fees.
I request you sir, please guide in the matter.
I C Naik
A person can be admitted to membership against a valid nomination. In fact as per Supreme Court judgment Nominee must be admitted to membership unless there other claimants to flat’s ownership. Nominee having been admitted to membership can make nomination as a member of the Society. There is no transfer fee involved. Upon admission nominee’s name must be entered on the back side of the Share Certificate.
Associate membership cam not be granted in the absence of Application in a prescribed form.
