Query of Kailash Joshi

My father has acquired a premises in 2000 and included my mother’s name in agreement. My father departed to his heavenly soul in 2002 without making any nomination. 

Family dispute started in 2014. I have been addressing various letter to the Society intimating them about this dispute in respect of the said premises.

Despite my objection Society had issued Share Certificate in 2017 stating that the rights of Associate Members are dependent on Consent of Member. However the society handed over the Share certificate to the Associate Member.

I have learned that the Society records Membership Application is made stating name of My father and mother in “Membership Application”, there is no form on record of Society for Application of Associate Member.

Thus, in view of above:

(1) Can the Joint Owner be considered as Associate Member, in absence of Application form for Associate Member?

(2) Whether Society can hand over the Share Certificate to Associate Member?

 (3) Whether the Member ceases to be a Member of Society upon his death? if yes, in such circumstances, whether Associate Members acquire his / her rights?

(4) What will be status of Joint Owner as Associate Member upon death of Member, whether his / her Membership also ceases or continued?

I C Naik

“The Society had issued Share Certificate in 2017”

Can you send a scanned copy of both the sides of this Certificate?

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