we are family of 2 brothers father Mother
9 months ago
we are family of 2 brothers, father & Mother. My father had 2 flats in 2 different society and nominated 2 of his sons flat each in different society.
As per Section 34 Society Bylaws, myself and brother visited the SRO office and completed the registration of the respective nominated flat.
My father almost died 2 years ago and we submitted all registered released deed and paper publication and request to society for share transfer and. Both society has same lawyer hired. We fall in minority 'M" and the society lawyer issued a letter recommending succession certificate.
The society did not process our share transfer. We ran pillar to post and hired one lawyer who replied soceity lawyer indicating that nominations were already in society record and registered release deed can be considered as family arrangement and over these years no claimant has come. After lot of persuasion and meetings, my brother society agreed for the share transfer.
3 months ago duuring that time, my society secratary was completing his tenure and he mentioned that once your bro case is done by the other society, he will process my transfer.
Now last week, I send the reminder to new secreatary, and he is asking for the succession certificate. My brother transfer wil happend next month as his secretary mentiond that his file will be brought in AGM and the transfer will be effective.
My society secretary refused to follow other soceity acceptance even though the lawyer for both societies are same and recommendation for succession certificate was issued to both societies by same lawyer.
Pls advise the easy and quick solution to my problem. I am nri and minority 'M', feel being harrased for no reason. Since its one family case, my bro society has agreed to share transfer without SC whereas my society is not co-operating.
You must file a complaint with the cooperative society's responsible registrar over any discriminatory or arbitrary decisions made by the Society, which is controlled by uniform bye-laws, under the current situation. According to the cooperative society's model bylaws, mere nomination entitles a nominee to receive the property or share of a deceased member.
In the prevailing situation you need to make a complaint to the concerned Registrar of the Cooperative Society for discriminatory and arbitrary resolution taken by the Society governed by uniform Bye-laws. As per model Bye-laws applicable on the cooperative society, nomination itself qualify a nominee to inherit the property/share of deceased member.