Deleting the deceased name from share certificate (mumbai)
Querist :
Anonymous
(Querist) 13 April 2022
This query is : Resolved
Hello
A flat is jointly owned by father and daughter, and both their names are reflecting in the sales deed, sales agreement and in the share certificate. The family consists of son and a daughter (mother passed away long ago). Recently father passed away and left a clear registered WILL that after his demise, all his rights of this flat including the shares should go only to the daughter and nothing to his son since he had already given another flat and more to settled the son. And there's no nomination left by the Father. The very fact the daughter's name is the 2nd name in the share certificate, she already holds 50% of the property. Is it not the right for the daughter to demand the society to delete father's name, amend the records accordingly and request the society bills on her name? Kindly share your expert views in such a situation - what the bye laws says and what needs to be done by the daughter and what society should do to make this change. Thanks
Dr J C Vashista
(Expert) 14 April 2022
Your specific query viz;
"Is it not the right for the daughter to demand the society to delete father's name, amend the records accordingly and request the society bills on her name?"
is legal, valid and right approach wherein the daughter should apply for transfer of share certificate in her sole name and amend society records.
Advocate Bhartesh goyal
(Expert) 14 April 2022
Yes, after demise of father and as per father's will daghter has acquired ownership rights of father's shaere so she should apply to society to delit her father's name from society record and issue certificate on her sole name.
kavksatyanarayana
(Expert) 14 April 2022
Yes. I agree with the advice of the above learned experts.
Querist :
Anonymous
(Querist) 22 April 2022
Dr. J. C Vashista, Advocate Shri. Goyel and Shri Satyanarayana, Thanks for your valuable inputs and appreciate the time you have taken to share your view points. As per the bylaw and Hindu ACT, is there anything that can make the society not to change the name in the share certificate fearing the son may have equal rights ? An indemnity bond has also been provided to the society to ease them out of any issue that they may face by making the change in the share certificate. Still if the society does not make the change, then what is the remedy ? Which officials should be approached on this matter ? Would appreciate your valuable inputs on this. Thanks.
