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Legal query regarding cooperative housing society nominee
06-Feb-2023 (In Civil Law)
Deceased Hindu member of society is survived by his son and two daughters . Spouse also expired in year 2010. Nomination is done but both the nominee and the society have misplaced the papers / records of Nomination. Nominee and /or legal heir has not been made a member of society by the society. NO RESPONSE from Registrar of societies . Society still shows deceased person as it's member for last 30 years . Cheques issued by heirs are not encased by society. And issues bills in the name of deceased person with 21% interest compounded monthly. Nominee / heir is not allowed to participate in meetings on ground of nonmember. Society is now threatening eviction. Q-1---Are Nominee/ heir liable to pay dues of society under such circumstances? Q-2--Whether law of limitation applies in this case? Q-3-- Can society evict nominee/ heir from the flat? Guidance requested.
On the death of your father, you and his other legal heirs or any one legal heir with NOC from other legal heirs, need to obtain Letters of Administration from the court and produce it to the society for transferring the flat to the name of the legal heirs. Alternatively if society is agreeable, then it can issue a public notice in local news papers inviting objections from the public against transfer of flat and shares to the name of legal heirs. The legal heirs will also be required to give a declaration with indemnity to the society. In event no objections are received pursuant to the public notice, then the society, on relying on the declaration with indemnity, can transfer the flat and shares to the names of legal heirs. This is the shortest route.
In the meanwhile try and find out the nomination papers and submit to the society so that society can accept the maintenance arrears from the nominee.
Ordinarily for making application for grant of letters of administration, there is no limitation. But if considerable time has lapsed, then it raises suspicion and doubt. So make the application soon.
In the meanwhile try and find out the nomination papers and submit to the society so that society can accept the maintenance arrears from the nominee.
Ordinarily for making application for grant of letters of administration, there is no limitation. But if considerable time has lapsed, then it raises suspicion and doubt. So make the application soon.
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