Joint member
Manjul
(Querist) 08 August 2018
This query is : Resolved
Hi - My father and mother purchased a flat jointly in the society. Both their names appear in the Registered Purchase Agreement. My father name stood first in the share certificate and my mother name was second and mentioned as Associate in bracket. My father had nominated me as his sole nominee. After my father expired I made an application informing them about the death of my father thereby adding me as the nominee on the SC and add my mother as the First member on the SC i.e. enter her name first on the SC and my name as nominee below her name. The society went to the lawyer and have now added me as the nominee (first name) and are now asking me to nominate my mother as an associate member who btw is a joint member. Can you let me know what is the correct treatment for my mother in this case and how can I ensure the society adds my mothers name first on the SC.
Dr J C Vashista
(Expert) 10 August 2018
What is left over after endorsement of your name instead of your father, as stated by you?
However, the action taken by the Society on the basis of legal advise action of the managing committee of the Society is invalid and illegal.
Consult some local prudent lawyer.
Manjul
(Querist) 10 August 2018
Nothing is left over. I am the sole nominee as per the nomination form submitted by my father. Earlier they had entered two names in the SC, my father first and then my mother. Now they have entered my name first and mentioned it as nominee and are now urging me to file an application for entering my mother as nominee. I have 2 questions 1. My mother's name should enter first in the SC and my second right? 2. Can the society charge me for seeking legal opinion from another lawyer if I have already acted in accordance with the law?
Kishor Mehta
(Expert) 10 August 2018
The Society has to legally endorse the share certificate to your name as per the nomination, however you have only rights of trusteeship to the share of your father and do not become the owner. You do not have any legal right to nominate any person. Your mother is equal owner of the flat. On the demise of your father you, your mother and all the legal heirs of your father are equal beneficiaries in his share of the flat. The Society can not charge you any fees for legal opinion in your matter.
Manjul
(Querist) 10 August 2018
Thank you...the question is since my mother is a joint owner per the registered purchase deed shouldn't her name appear first on the SC after the demise of my father?
