Arun Joshi
I am the Chairman of Shivtirth Co.Op. Housing Society located at Dombivli west , Dist Thane , Maharashtra state. We are 89 Members society and registered in 1968 . One of our Lady member died in 2005 without nomination…. Since then our various M.Commitees had approached her two sons ( who also stay in same society ) for coming forward with proper Documents for transfering flat to proper legal heir. As there is no unity the no one is coming forward and since last 10 years the flat is vacant with a huge recovery against Society’s Monthly dues…
Can you please advise us the course of Action to be taken by society to A) recover the Dues B ) proper way of transferring this Flat to legal heir C ) if no one is interested to take possession of the said flat .. what society should do.???
I C Naik
The Society should issue a public Notice in two news papers in Marathi and in English stating the fact of a flat remaining unclaimed after death of the member who had not nominated any person to become member after her death. Display the same on the Notice board of the society.Applications are to be invited from the legal heirs of the deceased member to apply for membership of the Society along with a legal documentary proof of inheritance. Also state that eligible person before admission to membership will have to undertake to clear the outstanding society dues and execute an undertaking to indemnify the Society against any future adverse claim by any other heir of the deceased member for the flat.
Allow adequate time before expiry of which the claims should be submitted. Also clarify that , If no clam is received, after expiry of the time limit the managing committee will dispose off the property and after adjusting the dues to the proceeds if any amount is left as surplus the same shall be credited to the fore -feiture Account of the Society.
