I am writing from Mumbai & have a query regarding a society matter.
My father who was a active member of society, expired in Apr 2014. I am the only son & have got 3 sisters who are married.
I being the officially registered nominee for the said flat, applied to society for transfer of the said flat in my name & membership of society.
Unfortunately my father had not made a Will & taking disadvantage of this fact, my sisters sent a letter to society through lawyer stating that they have objection to transfer the said flat in my name & are pursuing a legal recourse to claim their share. I tried to settle the issue with my sisters but they did not agree as they were expecting huge amount from me in return.
Citing the objection from my sister, the Society refused to transfer the flat in my name neither was I granted membership of the society.
I again wrote to society in June 2014 that as per the Bye laws, since I was the official nominee, they are bound to transfer the flat in my name (with a clause that I will not create any third party rights till the matter about the heir ship is resolved). However society did not respond to this letter.
In the meantime, society started repair work of the society for which members were asked to pay some amount either in installments or lump sum. After paying the first installment of this special amount for repair work, I stopped paying the reaming installments for the repair cost as society was still issuing the receipt in my late father’s name.Since I was staying in the said flat with my wife & children, I am still continuing to stay in the said flat. Also I am regularly paying the society maintenance charges.
Now society has sent me notice (said final notice) by hand that if I fail to pay the balance amount, they will apply to Registrar for “Certificate of recovery” under Section 101 in the M C S Act 1960. The earlier notice sent by them by registered AD was not delivered by postman to me as it was in my late father’s name.
My contention here is that on one hand society is not accepting me as member & on other hand they are expecting me to pay for the repair charges without issuing receipt in my name.
Am I liable to pay the repair charges in this situation?
I C Naik
Payment of bills properly raised by the CHS cannot be withheld on account of any grievance of the member. Technically you are a member in waiting having a de-jure interest in the property. You are in occupation of the flat that itself is a redeeming feature of the kindness of the Committee. Unless you are issued a letter by the society confirming that you are entitled to exercise rights of a member of the CHS you could not occupy the flat. So pay up immediately.
By amending Hindu Succession Act 1956 married daughters are also coparceners of an HUF having equal rights in the HUF property. The flat you are talking about is an HIF property having 6 coparceners namely tow of your parents and 4 of their children, Upon death of the karta the 5 coparceners are equal co-owners in law.
However the managing committee is avoidably getting in to the hassles as the Law, Rules and forms are very clear that a single nominee be admitted to membership immediately. This is deliberately a scheme to save management from getting in to family feuds. The Co-parcaners’ rights have to be sorted out by the HUF through court of law under Hindu Succession Act and tne managing committee is not expected to engage in.
The letter written by your sister has to be replied by the managing committee that she should present a court order as reagdrs her rights in the flat.