Mumbai Housing Society Queries: 'Transfer Of Shares In Flat Subject To Settlement Of Dues By Legal Heirs,' Says Expert

The heirs of two deceased joint flat owners, who did not leave behind a Will or nomination, have contested each other, while claiming to be the rightful claimant. However, they have not submitted either a succession certificate or any testamentary document. Following the redevelopment, both the claimants have remained silent and the society dues remain unpaid. What is the way forward? L Vas, Bandra

As per bylaw 74, the society has a charge on the flat to the extent of its dues. Accordingly, bylaw 35 provides that when a member dies without making a nomination and no nominee comes forward, the society should issue a public notice inviting claims or objections to the proposed transfer of shares and interest of the deceased member in the capital property. Such a notice should be issued in the prescribed format within six months from the intimation of death. Apart from exhibiting it on the society's notice board, the notice must also be published in at least two local newspapers having wide circulation.

The exercise's expense should be recoverable from the value of shares and interest of the deceased. After considering the claims or objections received and conducting an inquiry, the committee shall decide which claimant is the heir or legal representative of the deceased. This person will be eligible for the membership subject to the provisions of bylaw 17(a) or 19, which provides for indemnity bond. If there are more than one claimants, they should give an affidavit declaring who will become a member and this individual shall furnish the indemnity bond.

In case, the society cannot identify the heir or legal representative, it should call for a succession or heirship certificate from the competent court. In your case, there are two heirs and hence a succession or heirship certificate can be sought from them. In the meantime, the society may admit them as provisional members if the committee deems them to be the heir or legal representatives of the deceased members as per section 154B-13 of the Maharashtra Co-operative Societies (MCS) Act.

Upon submission of the said certificates, the person named on the document may be admitted as a member. Transfer of rights, interest and share of the flat will be subject to the ultimate legal heirs settling all the pending dues, maintenance, including along with interest.

A member passed away without making a Will and his wife and only son have submitted the heirship certificate to the developer. They have made an application for the issuance of an NOC and transfer of the maintenance receipt in their name. What is the legal timeline to decide on the application? Prashant Mhatre, Mahim

It is not clear why the application has been made to the developer and that too only for issuance of the maintenance bill in the name of the heirs. You should actually apply for the transfer of ownership (transmission) and society membership. Section 154B-13 of the MCS Act provides for transfer of rights, interest and share in the flat on a member's death. As the heirs have submitted the heirship certificate, the society should transmit the flat in the name of the wife and/or son.

The application made to the developer should be forwarded to the society. The right, interest and title in the flat and the shares will have to be transferred in the name of the wife and/or the son. Subsequently, the receipts will be issued in their name/s. They should request the society to admit them as members. The developer will have to handover the documents to the society for necessary action. Any application for the transfer of membership should be disposed of within three months in accordance with bylaw 39 read with bylaw 69.

The questions are answered by Sharmila Ranade, a legal expert associated with Mumbai Grahak Panchayat. The questions, in brief, may be sent to mpanchayat@gmail.com

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Published on: Monday, March 02, 2026, 10:47 AM IST