A brother and his sister jointly purchased a flat in a co-operative housing society in mumbai. The society can take in members who are govt employees only. The sister is a govt employee while brother is a business man. While both contributed equal amounts towards the purchase and both their names are mentioned in the agreement, the share certificate was made only in the name of the sister.
After many years the flat is being sold, the prospective buyer is agreeable to pay the whole money only to the sister as the society records and NOC issued also reflect only sisters name.
Is share certificate the final proof of ownership or is the agreement because they are in contravention to each other? Is the society office members liable in any manner if this case is disputed?
Can the brother or his family members contest this case? Is it strong ? what would be various arguments in his favour?
