Citizens' Issues
Maharashtra asks doctors to issue only typed post-mortem reports
Illegible handwriting of doctors, especially in the medical reports, like post-mortem report, causes tremendous problems during court trials and was one of the impediments in meeting the ends of justice
 
The Maharashtra government through a circular has directed all doctors in the state to issue only typed post-mortem reports instead of the hand-written ones. The circular comes after the Nagpur bench of Bombay High Court issued a notice to the state government.
 
Citing a notice issued by the High Court, the recently issued circular by the state public health department said it should be seriously noted by all concerned that henceforth, no handwritten post-mortem report should be issued, in any circumstances.
 
The responsibility of its proper implementation has been fixed on civil surgeons, district health officers and in-charges of hospitals.
 
In January 2013, Nagpur-based Dr Indrajit Khandekar, who was peeved by the illegible handwriting of doctors especially in medico-legal reports (MLRs) including clinical, forensic and postmortem reports, had filed a public interest litigation (PIL) in the Bombay High Court. He had prayed for computerisation of all MLRs and its generation through forensic medical software.
 
The PIL was based on his detailed study report, which was earlier submitted to the state government.
 
Khandekar, an associate professor at Sewagram's Mahatma Gandhi Institute of Medical Sciences (MGIMS), found that illegible handwriting of medicos in forensic reports often resulted in several problems during dispensation of justice in courts and criminal justice system was adversely affected. 
 
The PIL had pointed out that illegible handwriting caused tremendous problems in day-to-day functioning of the courts and was one of the impediments in meeting the ends of justice. It led to wastage of valuable time of judiciary during the trial of cases.
 
The PIL also submitted that the MLRs prepared by doctors in sexual assault cases, injuries in cases of assault and other such cases played a major role in meeting the ends of justice.

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How strong action by the new govt can define RBI’s role

No top level changes in RBI are needed. Strong economic measures by the Modi government would automatically limit RBI's role to monetary policy 

 
The Narendra Modi-led National Democratic Alliance (NDA) is going to form the new government shortly. For a country, trapped in never ending inertia in the context of critical policy decisions, the decisive mandate comes as a huge relief. It is expected that in the days to come, policy paralysis will give way to quick decision resulting in rapid economic development.
 
Much before election results were announced, Indian media was agog with the fate of Raghuram Rajan, the governor of Reserve Bank of India (RBI) in the event of the Bharatiya Janata Party (BJP)-led government coming to power. There were apprehensions that the new government will either clip the wings of the governor or a new governor will be appointed. What most of the people have failed to notice is the role of RBI as an institution in an era where the Centre takes strong decisive actions. 
 
The development of an economy is often driven by a series of fiscal policy measures accompanied by monetary policy steps. These two measures need to be supplemented by adequate regulatory changes to give wings to the economy like attracting investments from both domestic as well as foreign players. But in event of government not performing well, the role of monetary policy starts acquiring significance of a larger than expected magnitude. It has been seen that when fiscal policy measures along with other critical decisions by the government stops working, monetary policy starts acting as the sole instrument of economic stability and growth.
 
This is what precisely happened in the Manmohan Singh-led United Progressive Alliance (UPA)-II regime, especially post 2010. The governance started paving way for populist measures and there were many instances of back and forth approach in the policy making. Foreign direct investments (FDI) in retail was a classic example of things going horribly wrong. The end result of this policy is known to us when FDI in retail failed to do anything tangible for the economy. A series of failures by the Manmohan Singh government resulted in economy suffering from high inflation, slowdown of growth and increasing current account deficit. This is why from 2010 onwards, there was an increased activism by the central bank in India when it took the mantle of managing the economy through harsh monetary policy measures realising that the government has started failing and inflation, growth and currency can be managed only by using instruments of monetary policy. 
 
Now with the new government in place, there is a scope to start actions, which will result in the economy coming back on the growth path. The role of RBI in stabilising the economy and providing the necessary push for growth is likely to get reduced. This reduction is required as monetary policy cannot be the sole driver of growth in the economy. Government action on the following fronts can substantially reduce the larger the life image that RBI has acquired recently in our economy.
 
Tackle inflation by removing supply side constraints: Inflation cannot be controlled by just monetary policy measures. RBI has been trying to make inflation, especially food inflation, look like a demand side issue, which it is predominately a supply side constraint. India has enough food grains to feed its population but two critical issues have been pushing food prices high which are 1) supply change management of food grains and 2) pricing policy in the form of procurement prices.
 
The farmer gets Rs3 per kg for something like an onion, but the same product is sold for as high as Rs20 a kg in cities. So who is the real beneficiary of this price difference? The government needs to have a look at this. Aren’t middlemen and undesirable intermediaries pushing up the price? Similarly, the procurement price of food grains has always been a political issue often used to win voters. There is a need to have a serious look at the mechanism of procurement price and ensure that prices are not hiked arbitrarily.
 
Indian rupee will grow stronger by attracting more investments: Indian rupee has grown younger in last one week, only on the news that a new government is going to be at the helm of affair. This is quite in contrast to what we saw last year when there was carnage in the currency market and the Indian rupee went as low as Rs68 to the US dollar. There is very limited role for RBI to stabilise currency though it was prima donna managing the currency volatility. If the new government starts putting policy framework in place, the Indian rupee will get stable and keep on marginally appreciating for sometime. While this may not be good for exporters in the short term, in the long run it will provide the necessary boost to India. It is noteworthy that China has performed well on the export front in spite of a stable and appreciating Renminbi against the US dollar. We need to make industries competitive to help them grow their exports and not essentially though measures like depreciation of currency.
 
Forget repo rate, encourage growth: Economic growth and development are not slaves of repo rate  (RBI's main policy rate at which it lends to banks). The RBI governor himself has stated many times that the rate of interest does not decide the growth rate in the country. While high rates of interest may act as a temporary bottleneck, right policy measures can still propel growth. The government needs to promote an investment climate, especially promotion of small and medium enterprises to push employment and growth. There is a need to build huge infrastructure across country and avoid delays, which often results in cost escalation. Infrastructure building has to be a private-public partnership.
 
While RBI will have a role in context of monetary policy measures, action on part of government will automatically dwarf the role of RBI. The central bank can definitely contribute as many central banks do in context of overall policy framework in the country and should not setting economic policy for growth. In the days to come, the government will decide what kind of role RBI has to play not by changing the governor or its key officials, but by initiating action.
 
(Vivek Sharma has worked for 17 years in the stock market, debt market and banking. He is a post graduate in Economics and MBA in Finance. He writes on personal finance and economics and is invited as an expert on personal finance shows.)

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COMMENTS

Yerram Raju Behara

3 years ago

The country is fast getting out of the biggest deficits of all: the TRUST deficit. The swearing in by the Prime Minister at the end of sweltering heat, in the presence of warm hearts of thousands who gathered at the ceremony and millions warming up for support, the quick actions that followed, the no-nonsense approach to dealing with externalities, etc., point out that the country is heading for a strong economy and strong nationhood.

REPLY

Suiketu Shah

In Reply to Yerram Raju Behara 3 years ago

100% correct:)

MG Warrier

3 years ago

I am posting this comment a week after this article has been online. The pre-Election apprehensions about post-Election scenario have given way to cautious optimism factoring in the possibilities emerging from a stable government. So far, the indications are that Modi Government believes in the strength of the institutions in India to carry out their mandated responsibilities. Though the political leadership had shown signs of weakness or symptoms of ill-health occasionally, by and large bodies like Election Commission, CAG, RBI, Judiciary at higher levels, Defence Forces, Scientific Community and the bureaucracy in India have a history of consistent mature performance, irrespective of the permutations and combinations in coalition governments at Centre aand States. Modi’s stance so far is congenial for smooth functioning of institutions responsible to uphold the mandate of Indian Constitution.

Yerram Raju Behara

3 years ago

A weak financial sector and strong economy can hardly coexist, I agree with Vivek that the strong fiscal measures, creating conducive climate for growth through the Gujarat-like Single Window Scheme, enactment of bankruptcy law, will be the harbingers for a big push to the economy. RBI will only be too happy to lend full support to the Government through effective monetary policy interventions. Well before that, it is time that the RBI and the GoI look at the recommendations of PJ Nayak Committee Report and take action on creating and empowering Boards of the PSBs first by the RBI itself pulling out of the Bank boards; second, by setting up a collegium of directors; third, by winding up the Department of Banking in the Ministry of Finance and the GoI stopping to act as yet another regulator on priority basis. These will set the tone for financial sector reforms.

SuchindranathAiyerS

3 years ago

From Pakistan to the Economy, I am nervous that the BJP might betray its mandate and go soft on accountability and enabling a meritocracy with integrity to flourish. The Atal example and the sixty six year momentum of forgiving India's Neta-Babus and neighbours all their trespasses might expand.

How to transfer a flat in housing society or CHS?
Here are the guidelines to follow while transferring a flat in a cooperative housing society- CHS to a legal heir or nominee
 
From the days of “ek bangla bane nyara”, a large part of our society, especially in cities, has come to comfortably adopt a lifestyle based on nuclear families with a rise in the demand and ownership of flats and such property. However, more often than not, due to the sheer complicity and technicalities of our legal system, we find ourselves trampled by a load of complicated questions and even cheating and deception. One such area of concern is 'transmission of flats'. Here, we have the procedure for the same simplified for you.
 
Earlier, flats were generally purchased by an individual, usually the male member of the family, who used to be the earning member. However, with the rise in the prices of property, the trends have undergone a change now. These days we find that flats are usually purchased in the joint name of husband and wife. In such a case, if percentage of share in purchasing the flat is not stated, it is assumed that both of them have equal shares in the ownership of the flat.
 
In the above scenario, a share certificate is issued in the joint name of the husband and wife, as a joint ownership. As per existing Bye-laws, the person whose name does not stand first in the share certificate becomes an 'Associate Member'. In case of death of the person named first in the share certificate, the Associate Member retains the right on his/her flat since his/her name exists in the Sale Deed of the flat as a joint buyer.
 
When flats are bought jointly, the joint owner can make a will bequeathing his/her part of the flat to the other joint owner. Thus, in case of death of anyone of them, the one surviving joint owner will get an absolute right on the jointly owned flat (provided, the due process of the law is followed).
 
Transmission of flats happens in the following two ways:
  1. When the flat owner has made a nomination before death.
  2. When the flat owner has not made any nomination before death.
Nominee:
The word nominee means a person who holds or acquire right, property or any other kind of liability incurred on behalf of others. Nominee means a trustee. A nominee holds a property on behalf of other legal heirs.
 
Thus, the simple meaning derived from above proposition is that a nominee cannot be a real owner but, in fact a trustee who has legal control of property that is kept or invested for another person, company or organization.
 
Procedure for nomination:
The procedure for nomination by a member of co-operative society is provided in bye laws of the cooperative Housing society, bye law no. 32, which runs as under:
 
“A member of the society may by writing under his hand in the prescribed form, nominate a person or persons to who the whole or part of the shares and /or interest of the members in the capital/property of the society shall be transferred in the event of his/her death.”
 
Further no fees shall be charged for recording the first nomination.
  1. A members may revoke or vary his nomination, at any time, by making an application, in writing under his hand to the to the secretary of the society.
  2. Every nomination made, shall be recorded in register of nomination “within 7 clear days’’ from the date on which resolution to accept the nomination was recorded in minutes of managing committee.
  3. Every fresh nomination shall be changed a fee of Rs100
Transfer of shares/of interest on event of death of member to a nominee:
It is clearly provided in section 30 of the Maharashtra co-operative societies act, 1960 (Act no. XXIV of 1961 Mah) that, on the death of a member of society, the society shall transfer the share or interest of the deceased member to person or persons nominated in accordance with the rules and byelaws.
 
Analysis of section 30
A nominee comes into picture only on death of the member. The society shall transfer the shares of the deceased member to nominated person.
 
Whether it is advisable to make a nominee in case of joint ownership of flats? 
The object behind nomination is to avoid confusion in case there are disputes between the heirs and legal representatives and to obviate the necessity of obtaining legal representation and to avoid uncertainties as to with whom the society should deal to get proper discharge. Nomination does not create a new rule of succession.
 
Therefore, it is highly advisable to make a nomination in case of joint ownership of a flat. In case of a simultaneous death of both the joint owners, the flat is rendered intestate. The due process of law has to be followed to transmit such a flat in the name of the legatee. An appointed nominee and a will (of a joint owner bequeathing his/her ownership in the name of the other joint owner) can go a long way in avoiding unnecessary confusion and ambiguities. In a case where both nomination and Will is prepared, the Will will prevail over the nomination paper.
 
Procedure to follow for transmission when nomination is made by the flat owner
(1) The form of application for membership in Appendix-15, by the nominee/ nominees [ under Bye-law No. 34] with Rs100 entrance fee.
(2) If nominee has no independent income source, an undertaking on Rs100 Non-Judicial Stamp Paper, in Appendix-5 will be furnished by a person who is a close relative and an earning member and who is ready to discharge the liabilities of the prospective nominee-member to the Society. [ under Bye-law No.19(A) (v)]
(3) If there are more than one nominee, an indemnity on Rs200 Non-Judicial Stamp Paper is to be submitted by the prospective nominee-member, in Appendix-18. [ under Bye-law No.34 ]
(Note: This indemnity is to be given, only if one of the nominees become member of the society. If first named nominee becomes a member of the Society and all other nominees become joint associate members, this indemnity need not be given.)
(4) Undertaking on Rs100 Non-Judicial Stamp Paper to be submitted by the prospective nominee-member, in Appendix-4. [ under Bye-law No.17(b) and 19(A)(iv) ]
(5) Copy of the Nomination Form in Appendix-14, of the deceased member. [ under Bye-law no.34 ]
(6) Attested Xerox copy of the Death Certificate of the deceased member. [ under Bye-law no.34 ]
(7) Xerox copy of the Share Certificate of the deceased member, with undertaking on the Xerox copy, that original share certificate will be produced by the member, as and when asked by the Secretary for making the name change by the Society.
(8) If nominee-member wants to make one of his relatives an associate member, simultaneously with him, he needs to apply by filling the form in Appendix-8, with Rs100 entrance fee for the Associate Member. [ under Bye-law No. 19(B) ]
(9) If the nominee already possesses another flat in the same society, then to hold an additional flat, an application in Appendix-28, has to be made by the nominee-member. [ under Bye-law No. 62 ]
(10) Nomination to be made by the nominee-member, in Appendix-14, in triplicate. [ under Bye-law No.32 ]
 
(NOTE: This is also applicable, to the case, when no nomination is made, as given below...
(1) All forms and papers as stated above are to be submitted in a file to the Society's office.
(2) All dues of the Society and the deceased member in arrears and also future dues for the following six months have to be paid by the nominator member at the time of submitting the membership application.
(3) All stamp papers are to be purchased in user's name.
(4) Entrance fees, as in Sr. No.(1) and (8) have to be paid along with dues, at the time of submitting of the forms to the society.
(5) If the Society does not inform you of any objection within 90 days of submitting of your application for your membership, then under Section 22(2) of Maharashtra Co-operative Societies Act, 1960, you become a deemed member of the Society. To confirm your deemed membership, you have to make an appeal to your Deputy Registrar, to take a hearing and pass an order under section 22(2), to confirm your membership by the society.)
 
Procedure to follow for transmission when no nomination is made by the flat owner or when no nominee is ready to accept the membership of the society
In such a case, if there is a dispute among the relatives of the deceased, the Society will demand Succession Certificate from the the relatives of the deceased. Negligible Court Fee has to be paid for the same, in the light of judgement delivered by the Bombay High Court, in case of Testamentary Petition No595 of 2005, Yallappagauda Shankar Rao v/s Smt. Yallappagauda Manjunatha Rao.
 
When there is no dispute, following papers are to be submitted:
(1) Application for membership by an heir of the deceased member, in Appendix-17, with Rs100 entrance fee. [under Bye-law No.35]
(2) If the heir does not have an independent source of income, an undertaking by an earning member and relative of the heir, who is ready to pay all Society's due of the heir has to be made on Rs100 Non-judicial Stamp Paper.
(2) The heir has to give an indemnity on Rs200 Non-Judicial Stamp Paper, in Appendix-19. [ under Bye-law no.35 ]
(3) The heir has to give an undertaking on Rs100 Non-Judicial Stamp Paper, in Appendix-4. [under the bye-law no. 17(b) and 19(A)(iv) ]
(4) CHS will display the notice in Appendix-16 in its notice board, send a copy to every member of the Society and will publish it in two local news papers having wide publicity, one in local language and one in English. Any claim from the public has to come within a period of 15 days from the date of publication of the notice. [ under Bye-law no.35 ]
(5) Follow points (6) to (10) as mentioned above in the case where nomination is made.
 
(Note: The heir has to take a Xerox copy of the notice published in all the news papers as proof of publication in the newspapers and among the members of the said CHS. These are to be submitted to the Society, as a proof of publication in the papers.)
 
He will then submit his papers to CHS, only after the period stated in the newspaper has expired.
 

What is CHS and Transmission?

 

Cooperative Housing Society (CHS):
According to Section 2(16) of The Maharashtra Cooperative Societies Act “Co-operative Housing Society” means a society the object of which is to provide its members with open plots for housing, dwelling houses or flats; or if open plots, the dwelling houses or flats as already acquired to provide its members common amenities and services. 
 
Transmission:
The right which heirs or legatees may have of passing to their successors the inheritance or legacy to which they were entitled, if the owner happen to die without having exercised their rights. 
 
Transmission of flats:
Transmission in case of flats is possible only for the flats owned by individuals. If flat is held by a body corporate, transmission is impossible, since body corporate has no death. 
 
Body Corporate:
A body corporate means any entity that has its separate legal existence apart from the persons forming it. It enjoys a completely different legal status apart from its members. So, a body corporate shall include: a company, a foreign company, a corporation, a statutory company, a statutory body, an LLP, etc. and such bodies that have separate legal existence.
 
Even after the death of all the partners or directors of a company/firm, the company/firm does not die.
 
NOTE:
Those seeking help or advice on CHS issues can contact Moneylife Foundation’s Legal Resource Centre (LRC) ( http://moneylife.in/lrc.html )

(Shirish S Shanbhag, an MSc and a retired professor with over 32 years of experience, helps draft legal documentation related to co-operative societies, RTI and several other areas.) 

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COMMENTS

Bhavin Joshi

2 months ago

Sir
I am holding property in the name of my HUF in Housing society at New Mumbai.I would like to fill nomination what is the procedure and format of prescribed form.Pl.advise.

Neeraj Parekh

3 months ago

Which forms are required to be filled up for getting share certificate issued by a chs, Maharashtra?

Padam Rustgi

3 months ago

my quation is that flat is purchase in my mother name from allottee but share certificate the name is not change in my mother name deal done on free hold and sale deed now my mother died and i am the legel heir of this flat i have RD also now i want to transfer the share certificate in my name how

Padam Rustgi

3 months ago

Kindly tell me that my purchase a flat in society on sale deed but share certificate not transfer by my mother in society now my mother expired and I am the legel heir of this flat and I want to know that how I will transfer the share certificate in my name because certificate still in the name of alloteeplease tell me which type of document require for society kindly sent the mail in my gmail

PRASHANT CHAVAN

7 months ago

My mother in law has two daughters with no son. On the demise of my father in law, the Share Certificate is transferred in her name with the elder daughter becoming the Associate Member of the Society. A nomination has been registered with the Society for both the daughters to hold 50% share thereafter. My question is : Is the nomination ideal or is it better to have the two daughters as joint holders (25% holding each) with my mother in law (50% holding) in the Share Certificate. Please guide me accordingly. Thanks in advance. Regards, Prashant Chavan

Pradeep Prabhu

1 year ago

My mother in law has made a will bequeathing her apartment in the name of my wife. But she has not nominated anyone in the society. What are the options in front of us ?

ARCHANA TANDEL

2 years ago

Sir,
I would like to know how should i transfer the name of the person if he has purchased the flat before the actual possession of flat...the share certificate has the name of original owner ,,,, bldg has already completed 10 years.

Glen Young

2 years ago

Would like to know if there is any rule according to the CHS law in Mumbai which says that buyer of a flat who has applied for a loan from a bank has to make the payment only in the PRIMARY SHARE HOLDERS NAME & not in the name of the associate member .even though both persons happen to be owners of the property

Glen Young

2 years ago

Would like to know if there is any rule according to the CHS law in Mumbai which says that buyer of a flat who has applied for a loan from a bank has to make the payment only in the PRIMARY SHARE HOLDERS NAME & not in the name of the associate member .even though both persons happen to be owners of the property

Prashant Dubey

2 years ago

Dear Sir,

I would like to know, "Can there be two owners for one flat?" in a co-operative housing society.

Please advice.

Hasan

2 years ago

dear expert team,kindly advice is it possible that 2nd co-owner can make a gift deed document for transferring his share without 1st owner NOC or acknowledgement ?

P R Sakhare

2 years ago

Advise legal flat transfer procedure if associate member dies. Does 100% property goes to first owner?
If first owner claims for 100% rights inspite died member having other legal heirs. What stand society should take

Davidson D

3 years ago

X was the owner of a house property. He had nominated A (son) & B (D in L) as nominees. After the death of X , A& B became equal owners and nominated each each one of them as their nominees. Is this legally permissible? i.e can an owner be an owner and nominee simultaneously. Please guide quoting relevant section and/or case law/s.

Sandhya Masli null

3 years ago

What happens if one of the nominees is no more? can the legal heirs of this nominee apply for membership alongwith the other nominees?

Sushila Pursnani

3 years ago

Can the society transfer the flat to the nominee without share certificate?

How to get a duplicate certificate if the original is not traceable by the nominee?

Since nominee is merely a trustee, how do the legal heirs exercise their right if will is not existing?

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