‘Co-opted members cannot vote in managing committee polls’

My sister and I are nonresident Indians. I am 100% nominee to my parents flat inMumbai. After their death, my sister claimed a 50% share and I asked her to reimburse half of the expenses incurred towards the flat from 2019 (by when my both parents had passed away) till date. Given the dispute, the managing committee (MC) has not admitted me as a member.

- Rajeev Nischal, Mumbai

The society is going for redevelopment and it has asked both of us to sign the consent for the same. The secretary has told me that in case of limbo, they will approach the registrar, adding that the builder will take over the flat. Is it possible that the builder or my sister can take over the flat? Can I be admitted as a member? Also, please, specify whether my sister can directly interact with society?

The society has to admit you as a provisional member if your nomination is dulyregistered. Membership will be granted upon the legal heirs being brought on record by obtaining either the succession certificate, legal heirship certificate or a duly registered family arrangement as mentioned in section 154B-13 of the Maharashtra Cooperative Societies Act.

Your sister being a legal heir can interact with the society, but she cannot take over the flat and neither the builder can do so. The society should not entertain her request to transfer the flat in her name without obtaining any of the documents stated above.