Transfer of share certificate of property on the name of first holder

Querist : Anonymous (Querist) 11 July 2011 This query is : Resolved
in the share certificat of my flat,me and my brother was joint holder, however my brother got expired in 2001. now i want to sell this flat, but registrar raised the quary that share certificate is on the name of joint holder. i am the first holder and my brother is second holder in the share certificate. my brother left his wife and son behind him and he dies inestated. i got noc from society and his legal heirs also. kindly describe procedure that i need to observe under maharashtra co-op hsg soc act for transfer of share certificate on my name only and if the quary raised by registrar is valid under said act or not?

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Raj Kumar Makkad (Expert) 11 July 2011
Merely issuance of NOC on the part of legal heirs of your deceased brother is not sufficient to replace him in record. Either you shall have to obtain GPA with right to sale their share out of that flat or they are required to be introduced in the sale proceeding as you have only 1/2 share therein. You cannot sale more than that portion until and unless you fulfil the conditions I mentioned above so the objection raised by registrar is legal and justified.

prabhakar singh (Expert) 12 July 2011
i agree with Expert raj kumar makkad with one addition that GPA required here from your brothers widow and sons must be a registered one and not notarized.

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