Housing Society Transmission Application & Appendix Formats

FORM NO. 15 (Under the Bye-Law No. 34)
FORM OF APPLICATION FOR MEMBERSHIP OF THE SOCIETY BY THE NOMINEE

To,
The Secretary / Chairman,
[Exact Registered Name of the Co-operative Housing Society Ltd.],
[Registered Address of the Society],
[City, District, State - PIN Code]

Sir / Madam,

1. I, [Full Legal Name of Applicant/Nominee], residing at [Complete Residential Address], hereby apply for membership of the [Name of the Society Ltd.] and for transfer of the shares and interest of late [Full Name of Deceased Member], who was holding Flat No. [Flat/Unit Number] in the building of the Society, and Share Certificate No. [Certificate Number] for 5 fully paid-up shares bearing distinctive numbers from [Start No.] to [End No.] (both inclusive).

2. The said [Full Name of Deceased Member] departed this life on [Date of Death] at [Place of Death]. A certified true copy of the Death Certificate issued by the Municipal Corporation / Competent Authority bearing Registration No. [Reg No.] dated [Date] is enclosed herewith as Exhibit 'A'.

3. The deceased member had, during his/her lifetime, duly nominated me as his/her nominee in accordance with Rule 25 of the Maharashtra Co-operative Societies Rules, 1961, and Bye-Law No. 32 of the Society, under Nomination Form No. [Nomination Ref Number if known] dated [Date of Nomination], which is on record in the Society's Nomination Register.

4. I declare that I hold the said shares and interest in the flat subject to the rights of all lawful legal heirs under the applicable law of succession as enunciated by the Hon'ble Supreme Court of India in Indrani Wahi v. Registrar of Co-operative Societies.

5. I enclose herewith:
   (a) Certified true copy of the Death Certificate of late [Name of Deceased Member].
   (b) Original Share Certificate No. [Certificate No.] for necessary endorsement.
   (c) Entrance fee of Rs. 100/- and Share Transfer Fee of Rs. 500/- vide Cheque/NEFT No. [Transaction Details] dated [Date].
   (d) My recent passport-size photograph and copy of PAN Card and Aadhaar Card.
   (e) Undertaking / Indemnity Bond in Appendix 18/19.

6. I undertake to abide by the Bye-Laws of the Society and the amendments made thereto from time to time.

I request you to kindly place this application before the Managing Committee at its next meeting and admit me as a Member of the Society.

Yours faithfully,

_______________________________
(Signature of Applicant / Nominee)
Name: [Full Legal Name of Nominee]
Date: [Date of Application]
Place: [City/Place]

FORM NO. 16 (Under the Bye-Law No. 35)
FORM OF APPLICATION FOR MEMBERSHIP BY THE HEIR AT LAW / LEGAL REPRESENTATIVE WHERE NO NOMINATION EXISTS

To,
The Secretary / Chairman,
[Exact Registered Name of the Co-operative Housing Society Ltd.],
[Registered Address of the Society],
[City, District, State - PIN Code]

Sir / Madam,

1. I/We, [Full Legal Name(s) of Applicant(s)], residing at [Residential Address], hereby apply for membership of [Name of Society Ltd.] and for transfer of the shares and interest of the deceased member late [Full Name of Deceased Member], in Flat No. [Flat Number] and Share Certificate No. [Certificate Number] for 5 fully paid-up shares.

2. The late [Full Name of Deceased Member] passed away intestate on [Date of Death] at [Place of Death]. A certified copy of the Death Certificate is annexed as Exhibit 'A'.

3. To the best of our knowledge and according to the records of the Society, the deceased member did not make any nomination during his/her lifetime / the nominee nominated by the deceased has passed away on [Date].

4. The deceased is survived by the following Class-I legal heirs and no other heirs:
   (i) [Name of Heir 1], Age: [Age], Relationship: [e.g. Widow/Son], Address: [Address]
   (ii) [Name of Heir 2], Age: [Age], Relationship: [e.g. Daughter], Address: [Address]
   (iii) [Name of Heir 3], Age: [Age], Relationship: [e.g. Son], Address: [Address]

5. All other legal heirs have executed their Consent Letters / Affidavits in Appendix 20, relinquishing their right to membership in favor of the Applicant [Name of Applicant], while reserving their statutory succession rights.

6. In accordance with Bye-Law No. 35, I/We request the Society to publish the Public Notice in Appendix 17 in two local newspapers (one in Marathi and one in English) at our cost, inviting claims or objections within 14 days.

7. I/We enclose herewith:
   (a) Certified Death Certificate.
   (b) Original Share Certificate No. [Number].
   (c) Certified Genealogical Tree / Pedigree Affidavit of Legal Heirs.
   (d) Consent Letters / Affidavits in Appendix 20 from other legal heirs.
   (e) Statutory Indemnity Bond in Appendix 19 on Non-Judicial Stamp Paper.
   (f) Entrance fee of Rs. 100/- and Share Transfer Fee of Rs. 500/-.

Yours faithfully,

_______________________________
(Signature of Applicant Legal Heir)
Name: [Full Legal Name]
Date: [Date of Application]
Place: [City/Place]

FORM NO. 17 (Under the Bye-Law No. 35)
PUBLIC NOTICE

[Name of the Co-operative Housing Society Ltd.]
[Registration No. and Registered Address of the Society]

NOTICE is hereby given that Shri / Smt. [Full Name of Deceased Member], a Member of the [Name of Society Ltd.], holding Flat No. [Flat No.], situated on the [Floor No.] floor in the building known as "[Building Name]", and holding Share Certificate No. [Cert No.] for 5 fully paid-up shares bearing distinctive numbers from [Start No.] to [End No.] (both inclusive), died on [Date of Death] at [Place of Death], without making any nomination.

The Society has received an application for transfer of the said shares and interest of the deceased member in the capital/property of the Society from Shri / Smt. [Full Legal Name of Applicant], residing at [Address], claiming to be the lawful heir / legal representative of the deceased.

The Society hereby invites claims or objections from any other legal heir(s), claimant(s), or persons who have any right, title, interest, or claim in or to the said shares and flat of the deceased member, within a period of 14 (fourteen) days from the date of publication of this notice.

Such claims or objections should be submitted in writing along with documentary evidence in support thereof to the Hon. Secretary of the Society at the address mentioned above.

If no claims or objections are received within the period of 14 days, the Society shall be at liberty to process the transfer of the said shares and interest of the deceased member in favor of the applicant Shri / Smt. [Applicant Name], in accordance with the Bye-Laws of the Society, without any further notice or reference to any person.

Claims or objections received after the expiry of the 14-day period shall not be entertained.

FOR AND ON BEHALF OF
[Name of the Co-operative Housing Society Ltd.]

_______________________________
Hon. Secretary / Chairman
Date: [Date of Publication]
Place: [City/Place]

FORM NO. 19 (Under the Bye-Law No. 35)
FORM OF INDEMNITY BOND
(To be executed on Non-Judicial Stamp Paper of Rs. 200/- or Rs. 500/- and Notarized)

THIS INDEMNITY BOND is executed at [City/Place] on this [Day] day of [Month], [Year], by:

Shri / Smt. [Full Legal Name of Applicant Heir], son/daughter/wife of late [Parent/Spouse Name], aged about [Age] years, Indian Inhabitant, residing at [Complete Residential Address], hereinafter called the "OBLIGOR" of the ONE PART;

IN FAVOR OF:
[Exact Registered Name of Co-operative Housing Society Ltd.], registered under Registration No. [Reg No.], having its registered office at [Society Address], hereinafter called the "SOCIETY" of the OTHER PART.

WHEREAS:
1. One late Shri / Smt. [Full Name of Deceased Member] was a member of the Society holding Flat No. [Flat No.] in building "[Building Name]" and holder of Share Certificate No. [Cert No.] for 5 fully paid-up shares.
2. The said member died on [Date of Death] leaving behind the Obligor as lawful legal heir.
3. The deceased member had not made any nomination, and the Obligor has applied in Form No. 16 for transfer of membership.
4. The Society has agreed to transfer the shares and interest upon the Obligor executing this Indemnity Bond.

NOW THIS INDEMNITY BOND WITNESSETH:
1. The Obligor agrees and covenants to keep the Society, its Managing Committee, and office bearers indemnified and harmless at all times against all claims, actions, suits, demands, losses, damages, costs, charges, and legal expenses arising from transferring the said shares and flat to the Obligor.
2. In the event of any adverse claim by any other heir or third party, the Obligor shall, at their own cost, defend and resolve such dispute and reimburse the Society.

SIGNED, SEALED AND DELIVERED by the Obligor:
_______________________________
(Signature of Obligor)

WITNESSES:
1. [Name & Address]
2. [Name & Address]

NOTARIZED BEFORE ME

Under Government Circular dated 09-08-2001 issued under Section 79A of the MCS Act, the State Government fixed a statutory ceiling of ₹25,000 on voluntary sale transfers. Crucially, the Government issued explicit directions that in case of transmission upon death to a nominee or legal heir, NO TRANSFER PREMIUM (₹0) can be charged.