Judgment regarding right of associate members successors.
Rajan Jha
(Querist) 01 August 2010
This query is : Resolved
My mother owns a flat in Mumbai. Hers is the 1st name in share certificate. Agreement with builder was singly in her name. However, in the share certificate she got my fathers name in 2nd place. My father was Chairman of that society.
Recently father died while mother is alive and healthy. She wants to sell the property. Now my sister is claiming share of property stating that as associate member's daughter she has succession right and the property cannot be sold till her share is decided and given.
According to the expert Adv S.Subramanian the legal position is that mother is sole owner of the property. the name of father in the share certificate cannot clothe him with any right over the property therefore sister's claim is not legal.
Sirs, I will be grateful if you can please quote a High Court judgment supporting that name in share certificate cannot clothe associate member with ownership right over the property. Thanks.
