← Chapter XIII-B/154B-13
Section 154B-13Registration, membership & transfer

Transfer of interest on death of a Member

Section 154B-13, Maharashtra Co-operative Societies Act, 1960

This chapter is in force. The 2019 Ordinance was a temporary law under article 213 of the Constitution and was replaced by the Maharashtra Co-operative Societies (Amendment) Act, 2019, which re-enacted Chapter XIII-B in the same terms. When citing this provision in a notice, application or plaint, cite it as a section of the Maharashtra Co-operative Societies Act, 1960 — not as a section of the Ordinance.

In short

On a member's death the society transfers the share, right, title and interest on the strength of a will or other testamentary document, a succession certificate, a legal heirship certificate, a registered family arrangement, or a valid nomination. The nominee is admitted as a provisional member until the legal heir is admitted; where there is no nomination, the committee admits the apparent heir provisionally.

Official Text
On the death of a Member of a society, the society shall transfer share, right, title and interest in the property of the deceased Member in the society to a person or persons on the basis of testamentary documents or succession certificate or legal heirship certificate or document of family arrangement executed by the persons, who are entitled to inherit the property of the deceased Member or to a person duly nominated in accordance with the rules : Provided that, society shall admit nominee as a provisional Member after the death of a Member till legal heir or heirs or a person who is entitled to the flat and shares in accordance with succession law or under will or testamentary document are admitted as Member in place of such deceased Member : Provided further that, if no person has been so nominated, society shall admit such person as provisional Member as may appear to the Committee to be the heir or legal representative of the deceased Member in the manner as may be prescribed.

Source: Maharashtra Government Gazette, Extraordinary Part VIII, No. 21, 9 March 2019 — the authorised English translation published under article 348(3) of the Constitution. The Marathi on this page is our summary, not an official translation.

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