Membership and Voting Rights
When a member dies, who signs society documents on their behalf until legal formalities are done?
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Short Answer
After the death of a member in a cooperative society, their legal heir or nominee can sign society documents on their behalf until the legal formalities are completed.
Detailed Explanation
Section 29 of the Gujarat Cooperative Societies Act, 1961 deals with the rights of a deceased member's legal heir or nominee. This section states that upon the death of a member, the legal heir or nominee of the deceased member shall be entitled to all the rights and privileges of the deceased member in the society. This means that the legal heir or nominee can act on behalf of the deceased member until the legal formalities are completed.
In practice, when a member passes away, the society should be informed of the death, and the legal heir or nominee should provide the necessary documents to establish their claim as the rightful representative of the deceased member. Once this is done, the legal heir or nominee can sign society documents, attend meetings, and exercise all the rights that the deceased member had in the society.
For example, if Mr. Patel, a member of a cooperative society, passes away, his son, who is his legal heir, can sign documents on behalf of Mr. Patel until the legal transfer of membership is completed. The son can participate in society meetings, vote on resolutions, and carry out other activities on behalf of his deceased father.
Another scenario could be if a member had nominated their spouse as their nominee in the society records. In that case, the spouse can step in and sign documents on behalf of the deceased member until the legal formalities are finalized.
In summary, the legal heir or nominee of a deceased member has the authority to sign society documents and exercise all the rights of the deceased member until the necessary legal procedures are completed.
References
Section 29 of the Gujarat Cooperative Societies Act, 1961: [Official PDF]
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