Q. My deceased son nominated myself (father) and his wife. He died intestate without making any will. He does not have any children and his wife stays abroad and is not interested. The society has given me a nomination form, my question is how can I distribute five shares between myself and my daughter-in-law? Further I wish to nominate my wife to protect her interest in the future.
Binsi Siju
A. Both of you are eligible to be the provisional members of the society as your deceased son nominated you and his wife. Nominee is only a trustee of the property holding it on behalf of the legal heirs. MCS Act requires the nominees to submit a succession certificate or a family arrangement stating the legal heirs who will inherit the property in the absence of the will. It is suggested that all the legal heirs should execute a family arrangement deciding how the property will be shared. I presume that your daughter-in-law is not interested in taking her share as such she can make a release deed in favour of other legal heirs.
Your wife being the legal heir will also be entitled to a share. A copy of the registered family arrangement may be submitted to the society along with the transfer application. Once the formalities are completed, both of you will be admitted as joint member of the flat. First holder will be the contact person for all practical purposes.
Q. Can you help me understand as to whether the SRA society laws are different from a private society law and where could I get a book on the society bye-laws?
Anish Mathew, Worli
A. Cooperative housing societies are governed by the provisions of the Maharashtra Cooperative Societies (MCS) Act. Every society has to adopt the bye-laws as prescribed or make amendments by following the due process given in bye-law 166. SRA is an authority constituted under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act to formulate schemes of slum areas. SRA imposes certain restrictions including on the transfer of the ownership, giving the flat on rent, etc.
Basically the MCS Act will be applicable to all the societies registered thereunder a few additional restrictions will be applicable to the members of SRA housing societies. SRA societies should adopt the model bye-laws specified under MCS Act. However, such societies may consider including the restrictions or other provisions applicable to SRA and conditions imposed by the said authority in the bye-laws by seeking the approval of the assistant registrar, SRA. Model bye-laws can be purchased from the office of the Mumbai Housing Federation at Fort or from any book store and also available on e-Commerce platforms.
Q. The office staff of our society has sent a letter threatening to break the tiles of the bathroom and toilet on the complaint of the lower level flat owner, even after the new pipes were installed without being concealed. Please advise as to whether such a letter not signed by the secretary or chairman can be considered as valid?
Jose Puthen, Bandra
A. The office staff of the society have to be working under the instructions of the managing committee. If the letter is sent by the office staff without the authority of the managing committee, the same will not be held as valid. Writing a letter threatening to break the tiles, etc by such office staff is not in a good taste. You can seek clarification from the managing committee in this regard. The managing committee is ultimately responsible for managing the society.
The questions are answered by Sharmila Ranade, a legal expert associated with Mumbai Grahak Panchayat. The questions, in brief, may be sent to fpjchs@gmail.com
