Satish Patankar
I Satish Anant Patankar submitted attested copies of will executed by father , nomination form duly in my and mother on 50% basis, will executed by my mother and nomination form 100% in my favour ( all after the death of my father) deed of release , NoC cum declaration cum indemnity documents executed by brother and sister (all are registered notarized).
Even after two legal notices no reply is received.Pl guide me in this respect I have taken up this matter with Deputy Registrar, Mumbai.
I C Naik
Your right is protected by Section 30 (1) reading as under: “On the death of a member of a society, the society shall transfer the share or interest of the deceased member to a person or persons nominated in accordance with the rules, or, if no person has been so nominated to such person as may appear to the committee to be the heir or legal representative of the deceased member.
Provided that, such nominee, heir or legal representative, as the case may be, is duly admitted as a member of the society:
This right is further protected by Bye Law Number 36 relevant part reads as under
“Subject to the provisions of the bye-law No. 17A or 19, on the death of a member, the society shall transfer the shares and interest of the deceased member in the Capital/Property of the society to the Nominee/Nominees.”
You are required to submit an application for membership as per the bye laws and once you have done i.e. a valid application is submitted to the Secretary (Acknowledgment obtained) then your membership is guaranteed under Bye Law No 65(g) relevant Par is copied below:
1.If the society does not communicate the decision to the applicant within three months from the date of receipt of applications for membership, including nominal or associate membership, the applicant shall be deemed to have been admitted as a member as provided under Section 22(2) of the Act.
This Section reads as under:
(2) Where a person is refused admission as a member of a society, the decision (with the reasons there for) shall be communicated to that person within fifteen days of the date of the decision, or within three months 5 [from the date of receipt of the application for admission, whichever is earlier. If the society does not communicate any decision to the applicant within three months from the date of receipt of such application the applicant shall be deemed to have been admitted] as a member of the society.If any question arises whether a person has become a deemed member or otherwise, the same shall be decided by the Registrar after giving a reasonable opportunity of being heard to all the concerned parties.
For a rightful claim there is a strong protection wall so do not worry and. let three months pass and ask for return of Share Certificate (which you must have submitted to Secretary with application) duly endorsed with your name in place of your late father’s name. I am sure you must be staying in the same flat and except for irritation on account of delay you do not have an issue.
The Committee and Secretary also think the same way and hence slackness.