Housing Society problems—-with Advocate Pradeep Nambiar- 9987393117
Q. Procedure on death of a member- will or Nomination- Housing Society
A. Sec 30 MCSA,1960- Society has to transfer the shares of the deceased member to the nominee. The nominee shall apply to the society within 6 months of the death of the member. Nominee has also to file indemnity bond indemnifying the society against any claims.
A nominee shall hold the property in trust till all the legal heirs are brought on record, shall have no right to ownership, shall not create third party rights or alienation.
Will is supreme, probate with tax paid certificate will ensure transfer in the name of the beneficiary. A nomination just because it is signed by two persons doesn’t become a will. A probate is a copy of will certified by the seal of Court.
Q. Can tuitions be run in a Residential flat…?
A. If its not much of a nuisance ,if common spaces are not being utilized continuously and if the dominant user is residential, there is no breach of Bye Law for part time tuitions but full fletched coaching classes cannot be run. There are various judgements- an“office of CA is not a commercial establishment” “professional activity of teaching certain arts is not commercial activities..”
If members are having grievances ,they can complain to managing committee under bye law 172 and Managing Committe has to take action within 15 days …. Bye law 165 authorizes penalty against defaulting member
Q- Payment, Default and recovery of Society’s charges …?
A. A member shall be deemed to have committed default if he has not paid his dues before the prescribed time. He will be liable to pay an interest of 21% simple interest per annum for the delayed period. If he still does not pay recovery proceedings under sec 101 of MSCS act, can be initiated against him, after a notice has been sent to him and a time of 3 months has elapsed from the date of the notice. Wherein the Registrar is empowered to attach his movable properties and auction them