Getting problem in applying for a duplicate share certificate
Harshala
(Querist) 27 August 2012
This query is : Resolved
i have approched the society for the transmission of share certificate on my name after the death of my father, as my both the parents are separeted in my childhood and i am the only one son behind him. but i am living with my mother. he has nominated me as a nominee for this flat. however i do not have the original share certificate with me. i approched society for a duplicate share certifcate but after delaying the matter for a long period by giving unreasonable excuses, secretary of the society told me that i should bring the original share certificate first and then apply, they will not grant me duplicate share certificate as my one aunt (my father's sister) wa living with him. he also told me that he will auction that flat. so need your advise that how to deal with such matter and get my flat on my name?
Hemant Agarwal
(Expert) 28 August 2012
1. A Society can issue "Duplicate Share Certificate" only to its bonafide members, subject to documentary procedures. Since you are not a member, you are not entitled to make such application.
2. In the absence of a Will, by the deceased father, the legal heir has to apply for a "Letter of Administration" (LA) from the High Court. This procedure will you complete rights to sell the flat at a later date.
3. Since the deceased father has executed a Nomination in your favour, appropriate documentary proceedings may be excuted and appropriate application may be made to the society, to transfer the flat membership, to your name as a beneficiary nominee. However this will not give you any right to sell the flat, at a later date.
4. IF the legal heirs of the deceased members are documentarily known to the Society, THEN the society cannot conduct any Auction proceedings, which-so-ever.
Keep Smiling .... Hemant Agarwal
Hemant Agarwal
(Expert) 28 August 2012
1. A Society can issue "Duplicate Share Certificate" only to its bonafide members, subject to documentary procedures. Since you are not a member, you are not entitled to make such application.
2. In the absence of a Will, by the deceased father, the legal heir has to apply for a "Letter of Administration" (LA) from the High Court. This procedure will you complete rights to sell the flat at a later date.
3. Since the deceased father has executed a Nomination in your favour, appropriate documentary proceedings may be excuted and appropriate application may be made to the society, to transfer the flat membership, to your name as a beneficiary nominee. However this will not give you any right to sell the flat, at a later date.
4. IF the legal heirs of the deceased members are documentarily known to the Society, THEN the society cannot conduct any Auction proceedings, which-so-ever.
Keep Smiling .... Hemant Agarwal
Trivedi Advocate
(Expert) 28 August 2012
The above matter wounderfully explained by Hemant sir.
Regards,
