Society not issuing share certificate
Querist :
Anonymous
(Querist) 05 February 2010
This query is : Resolved
I bought my house with all my money and paid bank loan by myself.The house was on my name as first owner and second name is of my wife which I had put out of love and for convinience since I use to sail on ship for months.
I am presently living in this house.
My wife left me 7 years ago and divorce case is going on in the family court.My wife has given a letter to society that share cert may not be given to me without her consent.I have given letter of indemnity to society taking responsibility of their issuing me the share cert in case any one ask them anything.Society is not giving me the share certificate.Pls advise , can society hold the share certificate,I have been solely paying all the dues of the society and my wife is not a member of the society, she is only a coowner as per the registration of the house.In case society is not giving me the share cert, what steps I should take,
please advise.
B K Raghavendra Rao
(Expert) 05 February 2010
You and your wife are the joint owners of the house. As the society enters the name of both of you against the ownership of your house, your wife's consent is required to issue share certificate in your single name. Not only that, your wife may claim her 50% share in the house, whether during or after divorce proceedings.
