According to sub rule no. 32 and 33, the member can make an application in the prescribed form to the society for nomination. The acknowledgement of the nomination by the secretary shall be deemed to be the acceptance of nomination by the secretary. No fees shall be charged for recording the first nomination. If member has revoked his first application in writing, then after that every fresh nomination shall be charged a fee of Rs. 50/- society has no right to refuse nomination.
If member has registered his nomination then earlier deemed to be cancelled. On receipt of the nomination it is binding on the secretary to register the nomination in the register book within seven days by taking note in the first managing committee meeting. Similarly to adopt the same procedure as per sub Section 33 is binding for second time nomination was given by cancelling previous nomination. Subject to the provision of the Section 30 of M.C.S. Act. 1960 by sub rule No. 34, 17(A) or 19 on the death of a member, the society shall transfer the shares and interest of the deceased member in the capital / property of the society to the nomination / nominees. In the event of death of the member nominee / nominees shall submit the application for membership. If there / are more than one nominee on the death of a member, such nominee shall make joint application to the society and indicate the name of the nominee who should be enrolled as member. The other nominees shall be enrolled as its Associate member unless the nominees indicate otherwise.
The nominees shall also file an Indemnity bond in the prescribed form indemnifying the society against any claims made to the shares and interest of the deceased member in the capital / property of the society by any of them.
A person has made nomination to the membership by nominating anyone. That nomination do not supposed acquired full right of ownership to them. They have to approach competent court and legal ownership to society and beneficiary of shares and interest in property of society and concerned person provides legal and proper documents to society.
Nomination given to member by society because of makeable the member to issue correspondence after original member’s death. Member is airing membership by nomination as trustee of property and not acquiring ownership right.
Procedure where No Nomination is made by Member in Society
1. Bye law No.35 provides that where a member of the society dies without making a nomination or no nomination comes forward for transfer, the society after knowing this shall display such a notice in the prescribed form exhibited on the notice board of the society. It shall also publish such notice in at least two local news papers having wide circulation.
2. The society should invite claims regarding property or objections of deceased member through this notice.
3. The Managing Committee by considering the claims received after the notice should select the legitimate representative of the deceased member as per provisions of the bye laws No. 17 (a) and 19. Provided that he gives indemnity bond along with his application for membership in the prescribed form indemnifying the society against any claims made to the share and interest of the deceased member in the capital property of the society at any time in future by any person above taking and the society could approve the membership.
4. If there is not one such person and there are more than one person then such nominees shall make a joint application to the society. Society should give first person membership and to others co-membership. Such person should not be owner by this transfer. He should be a trustee. The society should make aware of this fact to them.
5. Society should also make aware to them that legal heirship certificate from the competent court regarding ownership of the property is essential.
6. However, if there is no consensus among the person came forward after this notice the society can inform to all such members claiming heirship that they should bring legal heirship certificate from the competent legal machinery and then only membership will be transferred.