by When a member of a Cooperative Housing Society in Maharashtra passes away, their legal heir or nominee needs to apply for membership in their place. This process is governed by the Maharashtra Cooperative Societies Act, 1960, Model Bye-laws of Housing Societies, and provisions such as Section 154B(13). Here’s a detailed guide to help legal heirs understand the required documents and procedure.
📜 Legal Framework
- Maharashtra Cooperative Societies Act, 1960
- Model Bye-Laws (2021) — Bye-law Nos. 34 to 38
- Section 154B(13): Deals with membership rights of legal heirs and nominees.
- Appendix Forms: Referenced in Model Bye-laws for affidavits, indemnity bonds, etc.
✅ Step-by-Step: Required Documents
📜 Application for Membership
- To be submitted by the nominee/legal heir addressed to the society.
- Mention the death of the member and request transfer of membership.
📜 Copy of Death Certificate
- Issued by the municipal authority.
- Must be a certified copy
📜 Share Certificate (Original)
- Issued by the society in the name of the deceased.
- To be submitted for endorsement or reissue.
📜 Nomination Form (if submitted by deceased member)
- If available, it simplifies the transfer process under Bye-law 34.
Legal Heirship Proof
Submit any one of the following:
- Succession Certificate issued by the competent court
- Legal Heir Certificate issued by Tahsildar
- Registered Will (if available)
- Probate of Will (if required and challenged)
- Memorandum of Property Arrangement (MPA)
📜 Indemnity Bond (Appendix-19)
- To indemnify the society from future claims.
- To be executed on ₹500 stamp paper.
- To be notarized.
📜 Affidavit cum Declaration (Appendix-3 or Appendix-17)
- Declaring status as nominee or legal heir.
- To be executed on ₹200 stamp paper.
- To be notarized.
- That no other legal heir has objection or details of other heirs consenting to the transfer.
Public Notice in Newspapers
- One Marathi and One English newspaper widely circulated in the area.
- States intention to transfer share/membership and invites objections.
- Typically published for 14/15/30 days before transfer.
No Objection Certificate (NOC) from Other Legal Heirs
- If there is no nomination, all legal heirs must give written consent.
- To be executed on ₹100 stamp paper.
- To be notarized.
- supported by ID proofs.
Photo Identity & Address Proof of Applicant
- Aadhaar card, PAN card, Passport, etc.
- To be notarized and supported by ID proofs.
Undertaking for Future Claims (Optional but advisable)
Applicant undertakes responsibility for any future dispute.
Society’s Due Diligence
- Verification of documents by the managing committee.
- Society may seek legal opinion if Will/succession is disputed.
Important Notes
- The society cannot deny membership to a nominee without valid legal reasons. However, nominee holds the property in trust for all legal heirs, as ruled in several High Court judgments.
- In case of dispute among legal heirs, the society can insist on a succession certificate or court order.
- Transfer should ideally be done within 6 months of member’s death.
