Ours is new premises registered society transferred from landlord to ownership wherein one of the member dies during period of formation procedures . His office premises is in his personal name and share certificate is in share certificate book as formation procedures were incomplete during his demise. One of his son who occupies office premises is demanding share certificate from society and we are afraid to give him as his intention is to mortgage premises depositing share certificate to a bank and taking a loan. What if his other brothers and sisters claim from society as to how we can give share certificate of one son...
Advise procedure with affidivait/memorandum/agreement between his legal heirs to be taken from them (registered documents).
Thanks a lot
The shop owner who expired, was a member of the society but has he not made a nomination for his shop?

Going forward on this assumption, I am giving you herewith all documents needed, if he has not made a nomination for his flat.

Appendix number referred for the forms are from Bye-laws Book of year 2014.

Either you can buy that Bye-law Book from Housing Federation, by calling Tel 022 2266 0068 and 2266 1043 or download the bye-laws book from following two sites:

www.mahasahakar.maharashtra.gov.in
ww.sahakarayukt.maharashtra.gov.in

Forms and procedure are as under, if no nomination for the shop is made:

(1) Application for the membership by any one heir of the dead member of the Society (shop owner), as given in Appendix-17.
(2) Undertaking on Rs.200/- Non-Judicial Stamp Paper, by the applicant for the membership as given in Appendix-3.
(3) If Applicant for the membership of the society has no independent income source, then Indemnity on Rs.200/- Non-Judicial Stamp Paper, by a relative of the applicant, as given in Appendix-4, who has independent source of income, to pay Society's dues of applicant.
(4) If any of the member of dead person's family wants to become a co-owner of the shop, then Associate membership form such a person has to fill in, as given in Appendix-5.
(5) Copy of death certificate of the owner of the flat.
(6) Indemnity Bond on Rs.500/- Non-Judicial Stamp Paper, by the children and wife of the dead member of the Society (shop owner), as given in Appendix-19, authorising applicant (& co-applicant) to apply for the membership of the Society.
(7) Rs.100/- crossed cheque for Admission Fees and Rs.500/- crossed cheque for Membership Fees of the applicant and Rs.100/- crossed cheque for Admission Fees for Associate Membership (if some one applies for co-membership). All cheques should be drawn in the name of the Society.
(8) Original Share Certificate of the Society (which Society has, it will attach it).
(9) After Society receives all papers as stated above, Society should give a public notice, as in Appendix-16, by secretary of the Society, at the cost of applicant/s for the shop, in one local language and one English news paper, having wide circulation, giving minimum 15 days time (maximum 30 days time) to the public asking for the objection from the public for the transfer of shop to the applicant/s.
(10) A covering letter by the Applicant/s, addressed to Secretary / Chairman of the Society, stating that applicant is giving all above documents to transfer the shop in the name of the applicant/s, from dead member.

Instructions to make above documents.

(1) Take xerox copy of all above ten documents.
(2) Society will take signature on the counterfoil of the Share Certificate, by the applicant for the membership, after such applicant gives society in writing that share certificate of the shop of the dead person be given to him, after transferring it to his/their name/s.
After you get this letter, take applicant's signature on the counterfoil of the share, and put sharer certificate in the file for transfer of share certificate from dead member to applicant. Put this application in the file for transfer of shop.
(3) Put documents number (1) to (6) in a file in the same order, after punching hole to them.
(4) Put documents (7) and (8) in a transparent punched plastic folder, and put this folder above document (1) in the file.
(5) Put covering letter (10) above plastic folder.
(6) Put xerox copy of these documents in another file, for applicant's records.
(6) Type Public Notice, as in Appendix-16, as stated in point (9) in five copies, on Society's letter head, signed by the Secretary, with Society's seal.
      (A) Put one copy of this public notice in above file, below the covering letter.
     (B) Display one copy in Society's Notice  Board, on the day it was published in the news paper.
      (C) Give one copy each to Local News paper office, to publish this notice at cost, in Local language and English News paper, having wide circulation.
      (D) Give one copy to the applicant/s, against the signature by the receiver.
(7) After 15 days or 30 days of the Notice as published in the news paper, if no
     objection is received, then you can transfer the share certificate of the shop in the name of the Applicant/s.
(8) In these documents, as in Sr.No. (6), an indemnity by all the near relatives of the dead member are given, there is no fear in transferring the shop in the name/s of the applicant/s as stated in this indemnity.
(9) Also, Society has give a public notice in News Papers and in Society's Notice Board, there is no fear to the Society's Office Bearers in transferring the shop to the applicant.
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