Ramanathan S
My mother, member of our society, expired recently. I have been the Associate member since 2002. There has been no nomination made by my mother.
I have been attending meetings, and even voting in society meets since 2002. Between 2003 – 2007 I was the Secretary of the society.
I had recently approached the current secretary of the society and he mentioned that as there is no nomination, I would need a probate from the court for transfer of membership in my name.
I have 3 brothers and they have not indicated any intents of being members of the society; but are aware of legal entitlements from the flat.
We also own a garage in the society and the society is going for re-development soon. The MOU has recently been signed by the society with the builder. In the case of the garage, I have met the developer earlier and had come to some understanding on the garage.
I would like to have your opinion on what should be my act hereon, to safeguard the interests of myself and my brothers.
Your learned opinion sought.
I C Naik
Your Secretary is right. Get probate which will name all 4 bros as co-heirs. Prepare a MOU executed by all four Bros that you all have agreed to S. Ramanathan joining as member of the Society. You ten file nomination as per percentage share agreed under MOU for the share of all four.