Hello All,
I would like your advice / expert opinions on the following matter.
My Grandfather ( mothers father) is a member of a co-op hsg society in Mumbai.
He has the original share certificate and has been paying maintenance charges regularly. In July 2008 the new secretary of the society started acting funny and started telling us that my grandfather is not a member of the society, on the grounds that his name in not registered with MHADA. Upon retrospecting we realized that during the early 90's when the society was getting formed, of the 16 members, 1 member (lets call him Mr. P) resigned. My father was then the chairman of the society and he proposed my grand fathers name and with the consent of all the then members , it was documented in the minutes of meeting ( the original copy is in the society office) that upon completion of certain terms my grandfather would be accepted as a member of the society. Subsequently the original member resigned, and he was paid back his initial contribution and other dues, and in due course of time, my grand father was issued a share certificate. this certificate is signed by 2 of 3 signing authorities, the chairman's signature is missing. Of the 2 persons who have signed, one of them is the current secretary, who was then the treasurer. In those days it was necessary to have MHADA transfers which was later on stopped by MHADA. As per MHADA books, the list of 16 member still has the original member ( Mr. P). Mr. P has no interest in the society or the flat since he had resigned and moved out. Now the secretary has stopped accepting maintenance charges from my grandfather stating that he is not a member, has stopped sending any notices informing society's AGM or any other meetings. Society balance sheet strangely is carrying " Non Member" in front of my grandfathers flat name. My grandfather is over 75 and lives in my native place mostly and rarely visits his flat. hence he decided to transfer the flat in my brother's name . we have visited the local registrar's office and a deed to that effect has been made and a full duty of 5% has been paid. I have few questions
1. Does the missing signature on share certificate make the share certificate, any less important document.
2. How can the secretary decide on the basis of MHADA list, call my Grand Father a non member?
3. Since the secretary is not accepting the maintenance charges, is he in a position to do so? since he is doing so, we have started depositing the cheques drawn on society name, in the bank directly, is he under any obligation to issue receipts to my grand father.
4. Now that he has registered a deed and paid the necessary duty for transferring the flat in the name of my brother, how do we go about getting the share certificate changed / legal route available to address this issue.
