• Transfer of name on share certificate

I have flat in CGHS in Delhi. The share certificate was issued in joint name of my father and mother. In 2017, my father got expired and I want the share certificate to be transferred to my mother's namd. Management committee is not supporting at all. Kindly guide me how to proceed.
Regards
Asked 6 years ago in Property Law
Religion: Hindu

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13 Answers

1) if MC is refusing to transfer flat inyour mother name your mother can execute indemnity bond to indemnify society against any claims made 

 

2) you and your siblings can execute relinquishment deed to relinquish your share in flat 

 

3) you can apply for letters of administration from district court on name of your mother 

Ajay Sethi
Advocate, Mumbai
100024 Answers
8164 Consultations

You can make complaints to registrar of Cooperative Housing Society of your area. By making simple application to you him against society Chairman and Secretary as per the cooperative society act.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You can file a complaint to dy. Registrar about the same he will get the direction

Prashant Nayak
Advocate, Mumbai
34697 Answers
249 Consultations

See first the situation has to be transferred in revenue/municipal records. After same is done based upon the transfer of same the flat share certificate can be transfered.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See you can on basis of death certificate first get flat mutated in name of mother and legal heirs then all legal heir can relinquish there right vide registered relinquishment deed to mother and same can be transferred in records and share certificate.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

File petition in district court for issue of letters of administration 

 

2) enclose death certificate of father 

 

3) schedule of flat in CHS 

 

4) consent affidavit of you  and  your sister to relinquish your share in flat 

 

5) your mother would get LA in 6 months if there is no contest 

Ajay Sethi
Advocate, Mumbai
100024 Answers
8164 Consultations

Hi

First you make a formal representation to the MC under Regd. Post Ack. Due. by appending your Father's death certificate and also a copy of Share Certificate standing in name of your parents. 

Your Mother can give Indemnity against any third party claims.  In case if you have brothers / sisters all of you sign the same as attesting witnesses.

Inspite of all the above, if they do not respond lodge complaint before Registrar of Societies.

 

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

You have to make a relinquishment deed and get it registered in favour of your mother and you have to apply for issue of share certificate by the society buy in closing the relinquishment deed so registered in favour of your mother the property will be transferred in your mother's name and the share certificate should be in case you face any more difficulty in this then you have to approach to the registrar of societies to get the direction to the society in this regard you can also go to the development authority and complaint as the development authority is the compitant authority

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

After father death, mother and children inherited his share equally, certificate will trasfer in joint ownership. 

LOA is costly affair and waste of money and time. Execute release deed in mother`s name, than she will be sole owner and share certificate will trasfer in her sole name.

And non transfer dose not effect ownership on flat.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Dear 

For transfer of share certificate on your mother name first of all you need legal heir certificate from tehsildar and then send an official mail to association along with death certificate of your father IDs of all legal heirs and consent from the legal heirs who want to give up their share from flat so that flat can be transferred to mother name. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Usually, on demise of a member his/her nominees or legal heirs expect the society to transfer share certificate to them or some of them and submit a copy of death certificate to the society. 

Mohammed Mujeeb
Advocate, Hyderabad
19382 Answers
32 Consultations

Your deceased father's share in the property shall devolve equally on all the legal heirs of your father.

If all other legal heirs jointly execute a no objection to transfer the share certificate to your mother's name, then the society will accept it and transfer the share certificate  to your mother's name as per law.

 

T Kalaiselvan
Advocate, Vellore
90226 Answers
2507 Consultations

For obtaining letters of administration from a court of law, you may have to contact a lawyer in the local who will be able to get it for you by applying for it through a case since this involves technical details and procedures.

 

T Kalaiselvan
Advocate, Vellore
90226 Answers
2507 Consultations

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