property transfer no objection to nominee

[etpayzze]

My father recently passed away. His legal hiers are my mother, my sister and myself. He had 95% shares in a flat in Mumbai and the remaining 5% were my mothers. As per his will my late father has nominated my sister for his flat and other assets may be given to me, but has stated that if his wife survives him, she is to enjoy the property and all assets and will have full authority to change part or full text of the will as circumstances so demand. My mother has sent me an Affidavit titled: "to be given by a nominee, if there are more nominees/hiers than one" and the three of us have been listed there. It further states that the three of us have agreed that she should become a member of the society and that all my late father's shares should be transferred to her and that if there is a claim by any other person, the three of us would bear all legal expenses. Furthermore the last line states that this is being solemnly declared at Mumbai, and bears only my mother’s signature, with the expectation for me to sign. My sister has not signed the document. I do not mind giving a no objection certificate to transfer the shares to my mother. However, as I have not inherited anything nor been nominated I do not wish to assume any form of liability whatsoever related to the flat and to this transfer. Since I live in Melbourne, Australia; how do I proceed to independently send a no objection certificate and what clauses should it have ?

Maharashtra Co-operative Societies Act 1960 will govern your rights in part.

In this regard, the provisions of law are as under:

"(1) Where there is a single nominee

(a) The nominee named in the nomination made by the deceased member should give an application for membership of the society in the form prescribed for membership of a nominee. Bye-law No. 34.

(b) The application for membership of a nominee should accompany an attested copy of the death certificate in respect of the nominator deceased member, and the original share certificate in the name of the deceased member

(c) The nominee has to pay all the dues outstanding against the deceased member along with the application for membership/Entrance fees of Rs. 100/-.

(d) The nominee should give a declaration in the prescribed form regarding non-holding of any vacant land or land with a building in any urban agglomeration, specified under the Urban Land ( Ceiling and Regulation) Act, 1976, exceeding 500 sq. meters."

It is also stated as follows:

"(3) Action in cases where a member dies without making nomination or no nominee comes forward for transfer (As per Bye-law No. 35).

(a) The society shall invite the legal heir or representative of the deceased member within one month from the information of the member’s death, by giving a public Notice, in the prescribed form. The same must be exhibited on the notice board of the society. The society shall also publish such notice in at least two local news papers having wide circulation at the cost of the would be valid claimant.

(b) After taking into consideration the claims or objections received in response to the said notice and after making such inquiries as the committee considers proper in the circumstances prevailing, the committee shall decide as to the person, who in its opinion is the heir or legal representative of the deceased member. Such person will be eligible to be a member of the society subject to the provisions of Bye-law No. 17(a) or 19. He has to give an indemnity Bond along with his application for membership in the prescribed form.

(c) If there are more claimants than one they shall be asked to make an affidavit as to who should become a member of the society and such person named in the affidavit shall furnish the indemnity Bond as indicated above along with application for membership referred to above. If the Committee is not in position to decide as to the heir/legal representative or if claimants do not come to an agreement as to who should become a member of the society, the committee shall then call upon the claimant/s to produce the succession certificate from competent court.

(d) If there are no claimants, the shares and interest of the deceased member in the capital/property of the society shall vest in the society"

[aman30]

Thanks for information.