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Legal rights of self acquired member of a flat in co-operative society, Mumbai.
4 months ago
What rights does a self acquired flat owner of a co-operative society in Mumbai have apart from filling nomination which is mandatory. If the self acquired flat owner/s drafts a registered will for his flat in favour if a charitable organisation can the society proceed with redevelopment process ?? Nomination ( naming a legal heir in nomination form) is mandatory for all members before PAAA ( permanent alternate accomodation ) process. Is registered will to a charitable orgn. Or nomination both legal in this case ???
A.Dear Client,
Vide the Maharashtra Co-operative Societies (Amendment) Act, 2019, a new Chapter XIII-B was inserted which pertains only to co-operative housing societies. Section 154B-13 of Chapter XIII-B was specifically introduced to deal with the transfer of interest on the death of a member. This section provides that on the death of a member of a society, the society shall transfer share, right, title and interest in the property of the deceased member a person or persons based on testamentary documents or succession certificate or legal heirship certificate or document of family arrangement executed by the persons entitled to inherit the property of the deceased member or to a person duly nominated under the rules made under the MCS Act. The proviso to the aforesaid section proceeds to state that, the society shall admit the nominee as a provisional member after the death of a member till the legal heir/s or a person who is entitled to the flat and shares per succession law or under will or testamentary document are admitted as a member in place of such deceased member. In light of the above amendment, it is now made amply clear that upon the death of a member, a co-operative housing society may give effect to the nomination by transferring the shares/interest in the society in favour of the nominee; however, such a nominee will only be admitted as a provisional member. It is only upon the legal heirs of the deceased member furnishing the relevant testamentary documents or succession certificate or legal heirship certificate or, in the case of immovable property in the city of Mumbai, the probate of Will or letters of administration will the society transfer the shares/interest of the deceased member in favour of the legal heirs. Accordingly, a self-acquired flat owner/s can make a registered will bequeathing his flat in favour of a charitable organisation.
Vide the Maharashtra Co-operative Societies (Amendment) Act, 2019, a new Chapter XIII-B was inserted which pertains only to co-operative housing societies. Section 154B-13 of Chapter XIII-B was specifically introduced to deal with the transfer of interest on the death of a member. This section provides that on the death of a member of a society, the society shall transfer share, right, title and interest in the property of the deceased member a person or persons based on testamentary documents or succession certificate or legal heirship certificate or document of family arrangement executed by the persons entitled to inherit the property of the deceased member or to a person duly nominated under the rules made under the MCS Act. The proviso to the aforesaid section proceeds to state that, the society shall admit the nominee as a provisional member after the death of a member till the legal heir/s or a person who is entitled to the flat and shares per succession law or under will or testamentary document are admitted as a member in place of such deceased member. In light of the above amendment, it is now made amply clear that upon the death of a member, a co-operative housing society may give effect to the nomination by transferring the shares/interest in the society in favour of the nominee; however, such a nominee will only be admitted as a provisional member. It is only upon the legal heirs of the deceased member furnishing the relevant testamentary documents or succession certificate or legal heirship certificate or, in the case of immovable property in the city of Mumbai, the probate of Will or letters of administration will the society transfer the shares/interest of the deceased member in favour of the legal heirs. Accordingly, a self-acquired flat owner/s can make a registered will bequeathing his flat in favour of a charitable organisation.
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