NOMINATION & TRANSFER TO NOMINEE/HEIR IN CO-OP. HSG. SOC. : ADV. B. R. BORNAK
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- เผยแพร่เมื่อ 6 มิ.ย. 2020
- NOMINATION & TRANSFER TO NOMINEE/HEIR IN CO-OP. HSG. SOC. : ADV. B. R. BORNAK
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Very well explained. It clears lits of doubt
👍👍👍🙏
,🙏Sir.. Thanks a lot.you have taken much pain to clarify this entire chapter of Nomination and the rights of nominee..very deeper you have cleared this burning issue.
Thank you very much sir....🙏🙏🙏
Good
Thanks sir very well explained
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What is the effect of FAMILY AGREEMENT on transferring interest of deceased member ? Can society still insist on succession certificate or heirship certificate ?
Thanks sir
Thanku. Pl share and Subscribe Channal
If there is NO nomination and obtaining legal documents like probate , heirship certificate take Some years because of dispute among heirs , then whom society will admit as provisional member ?
Sir very insightful and informative but, problem is when the nominee is the legal heir... Then why does the heir neeed to spend lakhs of rupees to prove it.
Best
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Nice Sir
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Sir
Thx for posting.
What to do if a nominee is found to have an equal investment in the property .
Kind regards
Sir! Thanks a lot for your very informative and detailed video about nomination. My father died last year leaving behind two legal heirs (wife and myself, daughter) who are both beneficiaries according to his will. Now does this notarised but unregistered will need to be probated for us to transfer his 2BHK flat in Pune to our names (i.e. wife and daughter in equal shares)? Please guide us... thank you!🙏
Is there anything something like this that: This law is valid on those persons who died in some particular year ? or before a particular year say 2014 etc. ?
Sir now a days many flats are owned jointly . So in the nomination form all joint holders as per registered agreement should be mentioned as members. All joint holders name should be entered in same form or separately.
Can joint holder (in case of wife, son and daughter ) name put as nominee. Please clarify.
If one can make will in the name of other person, I mean other than blood relation?? Is NOC needed?
I have 1 parking space and 4 cars, my society asks to park only one specific car, if I fail to do so they will charge me a penalty on daily basis. is it right or do we have any law for the same
Sir thanks can society can demand fresh indexll from Sub Regisrar. If yes what is the procedure
What if there is a clear will, nomination. There is no dispute amongst heirs. Can the heir claiming title get the same if other heirs give noc or relenqishment letter ?
Sir,
Our housing society flat owner expired with out appointing nominee.
1st son died. 1st sons wife (daughter-in-law) claiming the property.
Deceased wife and two sons are living given no objection to transfer the property.
Kindly guide us.
What about the flat in joint names.one dies,surviving member may he be owner of flat.what is procedure to follow to transfer the flat in survivers name?.Please guide.I am chairman of the society in chinchwad pune.please oblige.
sir agar kisi ko apni property kisi k naam karna hai toh kya unka aadhar card aur photo lagta hai kya jiske naam se property karre hai uska????
Sir, thank you for Video on nominations.
is there any limitation in Section 154 B 29?
Thank you very much for detail information on transfer of shares, right, title and interest on death of a member in C H S. This will certainly help C H S committee members on such transactions
The Section 30 of the C H S act-1961 is now amended to Maharashatra Act No. XXIII of 2019 to 154 B-13 and on the death of original member of the society, when the nominee approaches to society For transfer of shares of the property on his/her name, the nominee to submit testamentary documents, or succession certificate or legal heirship certificate without which the nominee will be admitted as a PROVISIONAL MEMBER of the society. Therefore, now, please let us know whether, In the share certificate, it is to be mentioned as
as a provisional member. till the legal documents are submitted by the nominee for the final membership of the society.
As per information, the provisional member of the society cannot rent the property or sell it till he/she is accepted as final legal heir of the property by the society. Pl confirm.
Thanks
Sir,
Is law of limitations is applicable to Maharashtra Co op Housing Society.
It is HC judgement judgment, dt 7th Oct 2003.
Judgement by R M S KHANDEPARKER J.
Pl advise.
Has nominee right to get copies of documents (minutes, audit report , documents pertaining to other society related matter) from the society?
I would like to know that, an estate agent company holder having two flats in our society, is he & his wife are eligible to context MCM election (2) can they become MC member (3) can they office bearer? Plz. Advice
Sir we have problem in co-op society that is nominee name charge in FD and share certificate how to get that money sir
साहेब मराठीतून माहीती दिलीत तर सर्वांना व्यवस्थीत कळेल.
Nomination application is necessary to submit Dy registrar office
Can an associate member who is the wife of the member fill the nomination from and give it to the society? Please reply
Sir in my case My father has expired and my mom dad both were joint owner of property. In nomination from father myself and sister was nominated. Now we are 4 Legal heirs(Mom ,Elder brother, myself and younger sister) gave NOC affidavid along with indemnity of my mother for becoming Owner of the flat. But Still society is asking for Legal Heir Certificate. Is this valid requirement from society??? Pls reply sir
In nomination form apart from flat details , want to put details of my servant room and parkings I own. Society is confused. But its my basic fundamental right .
Very well explained thanks for the informative vedio
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what happens if no nomination n wife is left behind with 2 sons
Ours is a Society of Plots.Two brothers are nominees of a deceased member and the name of the first is mentioned in form 14 para 5 as the one to whom the property is to be transferred on death. They occupy different floors.
The two nominees have enemity between them and no common Indemnity Bond possible from them. The first nominee insists that the property be transferred in his name alone and the second nominee should not become joint member ie the second nominee's name should be excluded.
Can society do so on the basis of Indemnity Bond? Doing so will certainly lead to litigation for the society. Normally the first nominee becomes member and other nominees become joint members.
Thank you for detail informination on Nomination. Need clarification on following points--
Section 34 indicates the procedure regarding transfer of shares and interest in the capital property of society of the deceased member to Nominee/Nominees. As per new ammendement dt 23-07-2019, section 154-B-13 also indicates the procedure to transfer the shares of the deceased member to Nominee/Nominees. Thetefore, need clarification if CHS to follow section 34 of Bye-laws-2014 or to follow section 154-B13.
As per Section 34,
Society to transfer the shares of the drceased member to the Nominee on receipt of application for membershio from the Nominee, with a indemnity bond as per prescribed form etc and as per sec-154-B-13, it says that on the death of member of society, the society to transfer the shares etc on the basis of testamentary documents to a person duly nominated in accordance with the rules.
It is also clear from section 34 and Section 154-B-13 that in case of acquiring membership on the basis of Nomination, such member shall hold the estste/flat as a Providional member of the society and the share cetificate should also indicate as a PROVISIONAL member of the society so that in case, the nominee member gives the flat on rentle or sale it, the share certificate indicates the party that the the owner of the property is a provisional member of the society and in such circumstances, he/she cannot either rent the property or sell it. as per law, till he provides legal documents as inficateto society and get the property on his/her name as a legal heir of the deceased member
Appendix 14, as per Bye-law-2014 needs correction since it says that " As provided under section-30 of MCAC-1960" since sect 30 is no more valid and to read as sec 154-B-13.
Thanks
Too lengthy
Society has refused to accept nomination stating that same will be accepted in December 20 . Meanwhile owner died in November 20 so now whether society is bound to consider transfer on the basis of will executed by owner .
One query. As per new model bye-law, 10 shares are to be issued to each member, including old members. Is any procedure prescribed for this? If new share certificate is to be issued with information about original member on the front page and details of transfer at the back of the certificate, how the certificate can show that the original member was issued 10 shares whereas he/she has subscribed has been allotted only 5 shares. If you could clarify this, shall be highly obliged. Thanks.
@ K.Shankaranaryanan.
Additional share certificate is to be issued for another 5 shares of Rs.50 each totalling Rs 250.The original share certificate should be stamped showing additional share certificate Number which will be the same as original but it will have the word A in Addition to the original Number. For example if your original share certificate No is 100 then on additional share certificate it will be 100-A. Both the share certificates shall be inter related and the present bona-fide member's name shall be shown on the front of the additional share certificate.
The property was purchased from the daughter I law after the death of the member by the trust.
The daughter in law did not become the member of the society before selling the property to the trust. Now the seller is not in contact and not traceable.
The society has provisions in its bylaws for trust to be the member.
How the trust can get membership as it is delayed by 4 years now.
Thanks
Major S D Singh.
कृपया ही महत्वाची माहिती मराठी मधे द्यावी .
Mere dadaji ki death ho gai hai. Mere papa k aur do bhai hai. Form of Nomination me mere papa ke name pe 100% shares hai to kya isse title mere papa ke name pe transfer ho sakta hai?
Apka ye problem solve huwa...?
Can nominee renominate?
Hello sir agar father apne bank account mai ek bete ko nominee bna de to dusra beta after father death account mai hissedar hoga ya nahi?
I belive yes cause other is legal heir too the father should have a will else every legal heir can claim their portion including girl child.
Can HSG society accept maintenance in cash by members if yes howmuch
Bye Law No 145. Payment beyond certain Limit by Cheques
All payments in excess of Rs.1500/- (Rupees Fifteen Hundred) shall be made by means of crossed a/c payee's cheques.
If the membership already transferred to the nominee can a legal heir claim the property
yes
@@sahakarbhann3218 after registry?
Can society hold AGM and announce immediate elections process in this COVID-19 times? Date declare 21-06-2020
Sir hindi me translate pzzzzzzzz
Sir, Can I contact you on your phone
विजय सागर(9422502315)
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गोळे कॉम्प्लेक्स,फडतरे चौक,
पुणे ४११०३०
Nice Sir
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