To split 1 share certificate into 2 on division of flats
Querist :
Anonymous
(Querist) 05 June 2010
This query is : Resolved
There is a dispute regarding title of my late father’s flat between my mother and myself. A suit in respect of the same is on in city civil court, Mumbai. An MOU has been signed by both, mother and son, for division of flat and NOC from daughters is awaited for submission in the court during the next hearing
My mother has purposely involved the secretary and a committee member of the society for settlement, when the MOU is already signed. This committee member has said that the society is not bound to issue 2 share certificates in lieu of 1, even if there is a court order to that effect.
I would like to know :
- whether the society can overrule the court order [contempt of court] and deny to issue 2 share certificates?
- what is the remedy available to me, if the society does not issue 2 share certificates inspite of court order,
- whether the society can charge transfer fees in the said case?
I would be grateful if you can help me in the matter.
Rgds,
Anand.
adv. rajeev ( rajoo )
(Expert) 05 June 2010
is there any direction from the court to issue two share certificate, if not you cannot do anything.
Querist :
Anonymous
(Querist) 06 June 2010
Sir,
Thanks for the reply.
The mother is expected to file the NOC from daughters.
That done, the court will direct to issue two share certificates.
Rgds,
