Procedure for Addressing a Request for Transfer of Flat Ownership and Correspondence Post Demise of Flat Owner

Procedure for Addressing a Request for Transfer of Flat Ownership and Correspondence Post Demise of Flat Owner

In the unfortunate event of a flat owner's demise, and the wife (as the legal heir) requests the society to raise bills or correspondence in her name, the following steps should be taken in line with the Maharashtra Cooperative Societies Act, 1960, the Model Bye-Laws, and applicable rules:

Required Documentation

The wife must submit the following documents to the society:

- A written application requesting the transfer of the flat and society correspondence to her name.

- A certified copy of the death certificate of the deceased flat owner.

- A valid nomination form (if available) or legal heirship documents (e.g., Succession Certificate, Probate, or Letters of Administration).

Execution of an Indemnity Bond

The society may request the wife to execute an Indemnity Bond, indemnifying the society against potential claims from other legal heirs or third parties.

Provisional Membership and Legal Ownership

- The wife may be recognized as a Provisional Member upon submission of the required documents and verification.

- For the legal transfer of ownership, the wife must complete the process through appropriate legal channels, such as obtaining a Mutation Entry, Succession Certificate, or Probate.

- The society’s recognition of her as a member remains provisional until ownership is legally transferred.

Relevant Provisions from the Model Bye-Laws

1. Bye-Law No. 34: Governs the transfer of shares and interest upon the death of a member.

2. Bye-Law No. 17(b): Provides for provisional membership for nominees or legal heirs.

3. Bye-Law No. 19: Requires submission of legal documents to establish membership rights.

Additional Support

For individual case queries or further assistance, please contact the CS Lawship Team at [[email protected]].

This approach ensures a fair and legally compliant resolution while safeguarding the interests of all parties involved.