Succession Certificate & Relinquishment Deed Optional
In a Writ Petition judgment of the High Court of Delhi on 18th December, 2015, the High Court of Delhi came in to rescue the heir of the deceased member from un-reasonable refusal and harassment by RCS (Registrar of Co-operative Societies).
Mr. AJAI KUMAR YADAV versus REGISTRAR COOPERATIVE SOCIETIES & ANR
After receipt of the requisite documents with regard to the membership of the deceased member, the society accepted the request for transfer of the membership of Sh. Balram Singh Yadav to the petitioner. The society had duly accepted the validity of the request of the transfer of the membership of deceased member Sh. Balram Singh Yadav to the petitioner. The society has stated that affidavits with no objection of the siblings of the petitioner were received prior to the finalization of the list of members which was published in 2008 and forwarded to the office of the RCS.
Ld. counsel for the petitioner has drawn our attention to a letter dated 13th May, 2013 issued by the office of the RCS with regard to another member of the same society while considering the writer‟s request for transfer of the membership to him of a deceased member. Qua this request, the office of the RCS has informed the applicant as follows:
“…..In this regard, it is submitted that since the matter of transfer of membership is in the prerogative of Managing committee of the concerned society, this office has no role in this matter at this stage…..” 21. Given the above narration of fact, we find substance in the grievance of the petitioner that he has been singled out for the treatment which has been meted out to him by the office of RCS. Given the steps which stood taken by the society to ensure compliance with the requirements of the statute, there was no need for unnecessarily dragging the matter and issuing repeated objections to the transfer of the membership which were not even envisaged by the statute. 22. The petitioner has contended that each time, the petitioner complied with the requirement communicated to him, a fresh request for documents were being communicated to him without any justification by the office of the RCS. This is clearly manifested from the above. 23. In any case, the rejection premised on want of relinquishment deed and Succession Certificate has no basis in law. It is also noteworthy that so far as late Sh. Balram Singh Yadav is concerned, no allotment of immovable property stood made in his name. He has expired at a stage, when he was making payments towards allotment of the flat. The list of members was also finalized long after his demise. In these circumstances, the demand for „relinquishment deed‟ qua a proposed allotment was contrary to law and completely illegal. In view of above, we direct as follows:
(i) A direction is issued to respondent No. 1 to issue necessary for approval for the proposal of the society as contained in its letter dated 24th February, 2010. (ii) Inasmuch as there is a single flat being flat No. F 172 available for allotment and the petitioner is the only remaining claimant, the respondent No. 1 shall issue the necessary recommendation for allotment of the same to DDA within two weeks from today. (iii) The DDA shall ensure allotment of the said flat to the petitioner within a period of four weeks and complete the requisite formalities. (iv) Inasmuch as, the office of the RCS is represented in court today and stands apprised of the order through counsel, officially no separate communication is necessary for proceeding with compliance of this order. (v) A completely unnecessary litigation has been unreasonably initiated in the manner the matter has been dealt with by the office of the RCS. Given the unreasonable and illegal stand on the part of the RCS, we impose a costs of Rs.10,000/- which shall be paid within a period of two weeks from today to the petitioner. (vi) The copies of the communications from the office of the RCS to the society as well as from DDA shall be forwarded to the petitioner as well.(vii) This writ petition is allowed in the above terms. Dasti.
GITA MITTAL (JUDGE) I.S.MEHTA (JUDGE) DECEMBER 18, 2015 j
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