Q. Can a provisional member appoint an associate member? Can provisional member nominate his wife or son. If no, to whom the society will approach after the death of the provisional member?

Balan Paniker, Nerul

A. Provisional member cannot appoint an associate member nor appoint his wife or son as a nominee. An associate member is appointed by a primary member through a written recommendation to exercise their rights and duties. However, provisional membership is granted based on nomination for an interim period, until the legal heirs are identified. How can a deceased member make such recommendation?

Similarly, it may be inappropriate for the society to accept an associate membership request from a provisional member, as they hold the property in trust for the benefit of the ultimate heirs. The Provisional members are required to submit the succession certificate in the absence of the will of the deceased member or probate if the will exists or a family arrangement document duly signed by all the heirs.

Obtaining these documents involve court proceedings which may take 8- 12 months until then it will be responsibility of the provisional member to fulfil the obligations towards the society including honouring the maintenance and other bills. The persons named in such testamentary document or the succession certificate or a family arrangement i.e. the ultimate heir/s will be treated as the ultimate owner of the flat and subsequently admitted as a full-fledged member of the society.

In the meantime, the provisional member will be entitled to attend meetings and to contest election but will not be entitled to appoint an associate member. The provisional member will be replaced by such legal heir/s. A provisional member can appoint their wife or son as an associate member only if the flat is transferred in their name and they are admitted as a member. Your question regarding whom the society will contact in the event of the death of a provisional member is applicable only when there is a single nominee, and he/she passes away before completing the legal formalities.

If the nominee is not made or does not come forward for initiating the transfer process, the society will have to follow the process mentioned in bye-law 35 to transfer the shares and title to the heir of the member which include issuing a notice in two local newspapers calling for claims and objections and decide accordingly as per the response received.

Q. My mother and I are the joint names (50% each) and have been together for years. Recently my mother passed away. She had given an NOC on a Rs 100 stamp paper to transfer her share to me. We are four siblings, two sons and two daughters, out of which one daughter is deceased. In this situation what formalities/procedures are to be followed by me to delete the name of my deceased mother and to transfer her 50% shares, title and interest in my favour

Arvind Parmar, Worli

A. The share, title rights and interest in the property of any member can be transferred by way of a registered document by following the procedure provided in the MCS Rules and the bye-laws. Neither the MCS Rules nor the bye-laws allow such transfer of share, tittle, rights and interest on the basis of the NOC. All the heirs are entitled to the share in the property of your mother in the absence of her will.

You have to obtain a duly stamped and registered 'release deed' from your siblings stating that they have relinquished their right in the property. Alternatively all the heirs can execute a 'family arrangement' and get the same stamped and registered. Once such a document is registered, a copy of the same is required to be filed with the society for implementing the same.

The society will consider your application to remove the name of your mother and do the needful after being presented in the general body. When such a legal document is duly registered and presented to the society, the society has to incorporate the changes in the membership. The secretary will record the necessary changes on the share certificate and also update the registers maintained for the purpose. (Section 154B12 and 13 of the MCS Act).

The questions are answered by Sharmila Ranade, a legal expert associated with Mumbai Grahak Panchayat. The questions, in brief, may be