Short Answer

The society typically follows the legal process to determine the rightful legal heir of a deceased member.

Detailed Explanation

Section 29 of the Gujarat Cooperative Societies Act, 1961 deals with the transmission of shares upon the death of a member. This section states that when a member of a cooperative society dies, the society shall transfer the shares or interest of the deceased member to the person nominated by the member in accordance with the rules of the society. If there is no such nomination, the society shall transfer the shares to the legal heir of the deceased member.

In practice, when two or more people claim to be the legal heirs of a deceased member, the society may request them to provide relevant legal documents such as the death certificate, will, succession certificate, or any other proof of inheritance. The society will then verify these documents and follow the legal process to determine the rightful legal heir. This may involve seeking guidance from legal experts or the Registrar of Cooperative Societies.

Real-world Scenarios

• Mr. Patel, a member of a cooperative society, passes away without nominating a successor. His two sons claim to be his legal heirs. The society asks them to provide proof of their relationship with the deceased member. After verifying the documents, the society determines the rightful legal heir based on the applicable laws.

• In another scenario, Mrs. Shah, a member of a cooperative society, nominates her daughter as her successor. However, her son also claims to be a legal heir. The society examines the nomination form and other relevant documents to ascertain the rightful legal heir.

• Sometimes, disputes may arise between potential legal heirs, leading to legal proceedings. In such cases, the society may need to comply with court orders or directions from the Registrar of Cooperative Societies to resolve the issue.

Reference

• Section 29 of the Gujarat Cooperative Societies Act, 1961: Official PDF