I stay in a CHS in Navi Mumbai. Our flat is in the name of my late father and mother. We want to delete his name from the share certificate. The conveyance of our society is not been done. Can we do the above procedure without it? What procedure should we follow? We have submitted death certificate along with a request letter to delete the name to the society.
I C Naik
Names of your father and mother appear on the share certificate means your father was the main member and your mother Associate Member(safe Assumption). Conveyance has no relevance to change in Membership. The registered bye laws of every housing society provide that Main member ceases to be the Member of the Society upon death. Many members are under wrong impression that if a main member dies Associate Member automatically becomes the main member. Even housing society Management is also sometimes believe in that.
There is a long drawn procedure to transfer membership/interest in the property of the housing society. Held by a deceased member and bye-laws are extremely clumsy. I suggest you read my recent posts on following links to find out what procedure fits in to you case.
You will also find Part 1, 2 & 3 on the subject. It is a complete analysis of how Model bye-laws have created confusion to manage the transmission to next generation.
Even after reading if you have any doubt or confusion I will be too glad to clarify. Dear Tanuja. Names of your father and mother appear on the share certificate means your father was the main member and your mother Associate Member(safe Assumption). Conveyance has no relevance to change in Membership. The registered bye laws of every housing society provide that Main member ceases to be the Member of the Society upon death. Many members are under wrong impression that if a main member dies Associate Member automatically becomes the main member. Even housing society Management is also sometimes believe in that.
Even after reading if you have any doubt or confusion I will be too glad to clarify.
