Ameya Bhangle
Thank you for replying to an earlier question regarding nomination. The Society has transferred the membership to the only nominee after my grandfather passed away (my grandmother) after exchange of several letters between us and the Society.
I now have two other questions. I would really appreciate if you could help re: these.
1) My grandmother, as a member of the society now, wants to nominate one single person as her nominee. The Society is now asking for an affidavit from all the legal heirs of my grandfather stating that they have no objection to her nominating only one person as the nominee. According to our understanding, my grandmother is fully authorized to nominate anyone she chooses and that the Society has no right to ask for any affidavit from the heirs. Is that correct?
2) While processing the transfer of membership to my grandmother, the Society approached a lawyer on their own accord for validating certain documents and is now asking us to pay for the lawyer’s fees. We were not intimated that we would be charged for the lawyer’s fees and we had in no way agreed to pay the same. We believe that the Society is not authorized to ask for payment of the lawyer’s fees from us since they approached the lawyer for their own convenience. Is that correct?
I C Naik
On both the counts you are right.
1. Issue of “No objection” of relatives does not arise. It arises at the time of conferring membership to nominee that too if there are more than one nominees.
2. If the managing committee seeks legal advice to manage the society’s affairs in accordance with law, its a common expenses to be born by all members like maintenance.