joint holding of flat in coop housing society
RANGWANI KISHORE
(Querist) 09 May 2016
This query is : Resolved
My deceased aunts husband and my mother are joint holders of flat in society in 50:50 basis. Joint nomination is filed declaring each one his nominee and percentage share. Is this nomination valid. My mother and me are not in talking ters with my aunts husband. He is first named joint holder while my mother is second named joint holder. Share certificate is held by him. I dont have share cetificate copy. Can i ask socity for separate share certificate of my mothers holding as second joint holder or duplicate share certificate for my mother. Can he refuse signing NOC for gift deed by mother to her only son thats me. If he refuses what is remedy.
selva perumal
(Expert) 09 May 2016
Yes, you can sought the same under the RTI Act. Now your mother is a co sharer and she can execute a settlement deed or Gift deed infavour of you,for which your uncle permission is not necessary.
Kumar Doab
(Expert) 09 May 2016
You may ask for the share certificate and society bye laws, under proper acknowledgment.
Rajendra K Goyal
(Expert) 10 May 2016
your mother can ask relative documents from the society provided bye laws of society permit issue of separate share certificate to joint holder.
P. Venu
(Expert) 10 May 2016
The society's bye-laws cannot inhibit your mother's right to transfer her property.
