Admission of Provisional Member after Death of a Member

(a) (i) Admission of Provisional Member on the Basis of Nomination

(i) (a) Upon the death of a Member or Joint Member, the nominee of the deceased Member may apply for admission as a Provisional Member in the prescribed form together with an Indemnity Bond indemnifying the Society against any future claims in respect of the shares and interest of the deceased Member in the capital/property of the Society.

(ii) (b) Where more than one nominee has been appointed, all such nominees shall make a joint application. They may, by a joint Affidavit or Declaration, authorise any one amongst them to be admitted as the Provisional Member.

(iii) (c) Where the nominees fail to authorise any one amongst them to be admitted as the Provisional Member, the Committee shall require them to comply with the provisions of the Act, the Rules and these Bye-laws before considering the application.

(iv) (d) The Committee shall, after verification of the nomination and other relevant documents and after making such inquiry as it deems fit, admit the authorised nominee as a Provisional Member.

(b) (ii) Admission of Provisional Member where no Nomination exists

(i) (a) Where a Member dies without making a nomination, or where no nominee comes forward for admission as a Provisional Member, the Society shall invite applications from the legal heirs or legal representatives of the deceased Member by publishing a notice in at least two local daily newspapers having wide circulation and by displaying such notice on the Notice Board of the Society, in the manner prescribed under the Rules.

(ii) (b) The legal heirs or legal representatives claiming the shares and interest of the deceased Member shall submit an application in the prescribed form together with an Indemnity Bond indemnifying the Society against any future claims.

(iii) (c) Where there is more than one legal heir or legal representative, they may, by a joint Affidavit or Declaration, authorise any one amongst them to be admitted as the Provisional Member.

(iv) (d) If the legal heirs or legal representatives fail to arrive at a consensus, or if any dispute regarding succession exists, the Committee shall require the production of a Succession Certificate, Probate, Letters of Administration, Legal Heirship Certificate or such other document recognised under law before admitting any person as a Provisional Member.

(v) (e) After considering the applications, claims or objections, if any, received pursuant to the public notice and after making such inquiry as it deems fit, the Committee may admit the authorised legal heir or legal representative as a Provisional Member.

(c) (iii) Rights and Limitations of a Provisional Member

(i) (a) A Provisional Member shall continue as such until the final transfer of the shares and interest of the deceased Member is completed in accordance with the Act, the Rules and these Bye-laws.

(ii) (b) Admission as a Provisional Member shall not confer any ownership, title or beneficial interest in the flat/unit or in the shares and interest of the deceased Member.

(iii) (c) The name of the Provisional Member shall not be entered on the Share Certificate and no Share Certificate shall be issued in his name.

(iv) (d) Admission as a Provisional Member shall not affect or determine the rights, title or interest of the legal heirs or of any other person claiming through the deceased Member.

(v) (e) A Provisional Member shall be entitled to exercise only such rights and discharge such obligations as are expressly provided under the Act, the Rules and these Bye-laws.