Rule 106C-5
[Applicable to Housing Societies] |
| Procedure for admission of associate members |
| (i) |
Any person defined in section 154B-1(18)(a) may apply for being as an Associate Member of any member in Form Y-4 alongwith a recommendation of a member. |
| (ii) |
An Associate Member ceases to be an associate member on the death of the member who has made recommendation for his membership or on the resignation or death of such associate member. |
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Rule 106C-6
[Applicable to Housing Societies] |
| Procedure for admission of provisional members |
| (1) |
Procedure for admission of provisional members,‐ |
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(a) |
After the death of any member or joint member, the nominee of such member may apply for provisional membership in Form Y-4, along with an indemnity bond indemnifying the society against any future claims regarding the shares or interest of the deceased member in the society's property. If there is more than one nominee, all nominees shall make joint application. |
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(b) |
Where a member of society dies without making a nomination, or no nominee comes forward for transfer, the society shall, invite applications from legal heirs of the deceased member for admitting as a provisional member, by publishing a notice in at least two local daily newspapers having wide circulation. Such notice shall also be exhibited on the notice board of the society. |
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(c) |
After taking into consideration the application received and after making such inquiries as the committee deems fit in the circumstances prevailing the committee shall if it is of the opinion that a person is a legal heir or representative of the deceased member, admit any of the legal heirs as a provisional member as per the provisions of this rule. The Applicant shall make an application in Form Y-5 for admitting as a provisional member alongwith Indemnity Bond. |
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(d) |
If there are more claimants than one, they shall be asked to make an affidavit as to who should become the provisional member. The person named in the affidavit shall furnish an Indemnity Bond alongwith his application, as mentioned in sub-rule (a). |
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(e) |
If the claimants do not come to agreement, as to who should become the provisional member, the committee shall call upon them to produce a legal heirship certificate or succession certificate or a letter of administration from the competent court. |
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(f) |
A provisional member shall cease to be a provisional member once the names of the legal heirs are entry on record. |
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(g) |
A provisional member shall not have any right, title or ownership of the property and his name shall not be included on the share certificate. |
| (2) |
Procedure for Transfer on the basis of family arrangement,‐ |
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(a) |
After the death of any member or any of the joint members, the legal heirs of such member or any of the joint members may enter into a duly registered deed of family arrangement recording the terms and conditions with respect to the share, right, title, and interest in the flat held by the deceased member or joint member in the society’s property. |
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(b) |
The legal heirs shall thereafter make an application in Form Y-5 to the society, along with the duly registered deed of family arrangement and an indemnity bond indemnifying the society against any claims made to the shares, right, title, or interest in the flat of the deceased member or joint member in the property of the society at any time in the future, by any person. |
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(c) |
The committee shall, after receipt of the application, immediately publish a public notice in two daily local newspapers having wide circulation, inviting any claims or objections regarding the proposed transfer of shares, right, title, and interest in the flat held by the deceased member or joint member. Such notice shall also be exhibited on the notice board of the society. |
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(d) |
If no claim or objections are received within a prescribed time period, the committee may transfer the share, right, title and interest in the flat of the deceased member or joint member to the legal heirs as provided in the duly registered family arrangement. |
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(e) |
If any claims or objections are received from any person claiming to be the legal heir of the deceased member or joint member or having any dispute pertaining to the duly executed family arrangement, then the committee shall not transfer the right, title or interest of the deceased member and inform such legal heirs to obtain a legal heirship certificate or a letter of administration from the court of competent jurisdiction. |