HARSH SHARMA (SERVICE) 01 November 2011

Not recieved share certificate

I am staying in the present flat in Mumbai since 1999.
Ours is a big society consisting of about 15 buildings. The society had not given share certificates to 3 of the buildings (out of which i reside in one)

The society has decided to go for redevelopment and hence gave share certificates to the above said 3 buildings in a hurry, however during this process my father passed away and the society held back my share certificates.
on the advise of the society lawyer, i am doing the following :-
1) submission of affidavit by my mother claiming that she is the legal hair.
2) Indemnity bond by me and my sister stating that we agree for the transfer of flat in my Mother's name
3) Application of membership.
Is this method correct ?
I have been informed that once the committee passes the resolution for transfer of flat, i will be given the share certificates.

Can the society withhold the share certificates further ?
what are the consequences of not bieng in physical posession of the share certificate?
in case the society withholds the share certificate, whom should i approach ?
Can the society decline to give me "associate membership" ?

Thanks

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1 Replies

Rajiv Kumar Dubey (Lawyer) 02 November 2011

Dear Harsh,

It is very important to first get everything in writing. Please don't wait and act promptly. The first and foremost step is to give a letter in writing to registrar or committee matter about the non supply of share certificate and death of your father alongwith a death certificate.

I will also suggest that the application be made by your mother and annex all the documents you have mentioned also try to get certified copy of all the docments which are with registrar of society reason being you will be able to get clear idea in respect of your flat only after looking at the copies on record.

The society can cancel the flat but as per their rules on the basis of some default therein for that purpose rules for allotment and cancellation of the flat will be crucial.

The Writ petition is a remedy against illegal cancellation or you can approach registrar of society for any further clarification or opinion please e-mail me on rajivdubeyadvocate@gmail.com.