I am from Malad, Mumbai. We have adopted Model Bye-Laws 2014. In our housing society one lady member expired in the year 2014. She had not filed nomination. Her husband also expired. Only two children 1) Son and 2 ) Daughter are behind her. A son is residing in the flat. Now the son applied for the transfer of the flat in his name. Meanwhile his sister has objected for the transfer issuing Advocate notice. So the society has given in writing to obtain a Succession Certificate from the Competent Court or make a released deed. They both have not given the necessary documents to the society till today.
Both the son and daughter are not co-operating to the society. In this circumstance what action is to be taken by the society. Please guide us in detailed.
I C Naik
Assuming the flat was bought by the late member, both the siblings have equal inheritance rights and both are entitled to claim membership and occupancy rights. It is the sibling rivalry that has to be handled. The Committee can inform them to make an application to the CHS to admit both of them to become the members. They should indicate who should have first name on the Share Certificate.
If enough efforts have not yielded results and the flat is occupied by a person who does not have occupancy rights in law he is a trespasser. As a harsh measure the society can send a legal notice to the occupier of the flat, as the society has no evidence on record to let him occupy the flat.
