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Sushilkumar Vishwanath Shaktia (Chief Engineer)     06 May 2012

Deletion of joint holder's name due to her demise

I am having a flat in my name & joint name of my mother in Borivali. My mother expired in April 2010. We had made my wife as sole nominee for the above flat. About a month back we have requested our society managing committee to delete my mother's name from the share certificate & include my wife's name as associate member. Now almost one month has passed and society managing committee members are giving vague reply only verbally & without giving anything in writing. Please advise what can be done in the matter?



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 1 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     07 May 2012

When an Associate Member dies she ceases to be such Associate Member. On production of your mother’s death certificate, and an application to remove her name, the Society must act  and remove her name within the stipulated or a reasonable period.

No nomination is necessary to make your wife an Associate Member. She has only to apply in the prescribed form (available from the Federation office) supported by your signature.

 

Either in the MCS Act or in the Model Byelaws, there is nothing to suggest that an Associate Member is a beneficial owner of the flat. Hence removal of the name of an Associate Member is a simple affair.

Adding the name of your wife is a separate independent action, not connected to the removal of your mother’s name.

In olden days transfer of shares and flats were not subject to stamp duty. The parties had only to apply to the society to effect the transfer of the interests. But with the amendment of the Bombay Stamp Act it became necessary to prepare a transfer deed and also to register the same. Once the name comes in the transfer document in my opinion the second transferee cannot be assumed to have no beneficial rights. If so the heirs of the second transferee also can claim rights. Have you got brothers and sisters? 

Anyway I do not think that is the reason your Society is not acting. You keep to yourself the above information,  you do as I said above and ask for the response of the Society. In the meantime enter your wife’s name as your nominee. The Society cannot refuse it.

If the Society refuses action, make a complaint to the Dy Registrar of your ward.


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