My grandmother was a member/shareholder of Cooperative H/B society at Mumbai and was having a Flat in the said society. Before her death, she had nominated his un-married son and unmarried daughter and there name appears in the Share Certificate. After her death they inherited the shares and Son was held to be member and daughter was made Associate Member.
Agreement of the Flat was registered with the Society was entered into between the society and both son and daughter with the Registrar, through Power of Attorney for and on behalf of other legal heirs of grandmother. Now, the surviving son has expired. What is the status of surviving Associate Member/daughter. Whether she can be inducted as full fledged member of the said society under the Maharashtra Cooperative laws or other legal heirs would also be entitled to hold the shares of the society as Legal heirs of grandmother.
I C Naik
The facts are incoherent so I state below certain legal prepositions and you fix them in to facts you have and find the answer.
1.Associate membership comes to an end upon death of main member. he/she is a stranger to CHS.
2.Nominee is not an owner but is a trustee on behalf of all legal heirs,
3.So grandmother’s legal heirs are entitled to claim the interest in the flat,
4.when a Hindu widow dies intestate, all her children inherit equally and any bod’s nomination does not change this rule.
Her grand children share their parents share in HUF.
