Vijay Kumar
“R” was a member of Society pertaining to a plot.
1) Nomination of “R” was given by original member in 1973 and as per the nomination “R” became member of the society in 1994.
2) “R” gave nomination of “X” in 2003 which was recorded by the society.
3) “R” expired in Dec. 2012
4) One of the person who claims to be Legal Heir of original member(who gave nomination of “R”) made an application against the society to the Deputy Registrar stating that “R” who became member through nomination cant give further nomination and hence nomination given by “R” of “X” is invalid. The so called “LH” did not make “X” as the party.
5) The so called “LH” did not go to the appropriate court to establish his right and was a member of the same society through some other plot since 1992 to 2011…..
Can I have your guidance as to
1) What is status of nomination of “X” given by “R”.
2) Can the so called “LH” make such application to the Dy Registrar.
3) Whether the Dy Registrar have the authority to decide the issue.
4) Any “time limitation” issue?
I C Naik
The Legal Heir should obtain a certificate of succession to a property in the Housing Society to get membership and occupancy rights. In the absence of this Certificate Society goes by Nomination on record and the society is not doing anything wrong.