On demise of father his 50 per cent share would devolve on your mother and her siblings

2) since siblings have objected to transfer of flat in your mother name society is refusing to issue duplicate share certificate

1) issue legal notice to society to issue duplicate share certificate as flat has been transferred in her name

2) if society refuses file complaint against society before consumer forum and seek orders to direct society to issue duplicate share certificate

Hi,

The society may issue the share certificate and you need to send legal notice for it.

Since the flat was in ownership with father the 50 percent share would be vested on legal heirs of her father that is her mother and all children including your mother. So she cannot claim a share certificate on her single name also AGM letter cannot be a substantial evidence for transfer of ownership when there is succession law involved so the society has rightly held the share certificate as there is interest of other legal heirs too in property though your mother can issue a legal notice for share certificate to the society as she is co-owner of the property.

File a Complaint to deputy registrar of Co-operative societies.

1. She is not asking for any fresh certificate in her name.

2. What she is asking is the duplicate copy of the same share certificate which was earlier issued in her name.

3. She should send a legal notice to the Secretary of the Society asking him to issue the duplicate certificate within next 15 days.

4. If she is still not issued with the said duplicate certificate, she shall have to lodge a complaint to the Registrar seeking redressal and direction upon the Secretary to issue the duplicate share certificate asked by her.

5. If sshe fails to get any favourable response from the said Registrar, she should file a Writ Petition before the High court against the inaction of the Registrar, making the Secretary as the private respondent, praying for a direction upon the Registrar to issue appropriate direction upon the secretary to issue the dupliacte share certificate as asked by your mother.

1. Your first post stated that she had asked for the duplicate share certificate which was already issued in her favour.

2. She is entitle to the duplicate copy of the said share certificate unless the same has been cancelled with due process of law i,e,.. with court order.

3. Her brother shall have to approach the Court challenging her claim on the said flat and also the validity of the share certificate which has already been issued in her favour.

Send a legal notice to the society to forthwith issue the duplicate share certificates to your mother.

In case the legal notice fails to help, file a Complaint in the consumer forum.

This is totally arbitrary at your end, so please I advice you to go and approach the Civil Court for issuing the duplicate and punish them for making a character assassination just because of a case against her brother.

If there is a dispute among the legal heirs of the deceased owner then the society is justified in withholding the same for the said reasons.

Your mother should try to settle the matter amicably with her siblings to put pressure on the society.

No doubt society's share certificate is not a title document to the property.

If your grandfather was the absolute owner of the property then it sill devolve on all his legal heirs therefore the siblings of your mother are right in their claim for a rightful share in it.

The thing is society issued a letter in AGM that flat has been transfered in her name and she has been granted membership of the society. Share certificate wud be granted eventually. The brothers case was filed after that letter was issued.

The court case may restrict the society to proceed further in this case, hence your mother may not get the desired certificate so easily and soon.

The society in order to cover their lacuna, may pretend to be scared of the court case hence they may take sheller under it to refuse to furnish the desired certificate.

Whose brothers. ?

If the Flat was purchased on both father and daughter names jointly, after father son and daughter become owner of the flat, son share will be 25%, whereas daughter share will be 75% in the flat.