• Share Certificate

My father passed away in May 2021. As I'm the only son I submitted the documents to change the ownership of the flat to my name. The society through their lawyers checked all the documents and they all were accurate. In November 2021 my name appeared on the Monthly Maintenance Bill. On 12 December 2021 in the AGM, my new membership was confirmed through legal heir. On 14th December I submitted the Share Certificate to endorse the same. Since, then I have not received the Share Certificate. Every time I go to the society office ask for the Share Certificate, I get a reply from society manager "Abhi yeh baaki hai woh baaki ह
Hai". Last time he behaved very rudely. He asked me "tumko kya loan lena hai jo baar baar aate ho" Please advice
Asked 11 months ago in Property Law
Religion: Hindu

7 answers received in 1 day.

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7 Answers

Send email to society and its office bearers to kindly endorse share certificate as month has passed since AGM but endorsement not done 

 

2) you can complain to registrar against society failure to endorse your share certificate 

 

3) you can issue legal notice to society to endorse your share certificate 

Ajay Sethi
Advocate, Mumbai
89092 Answers
6362 Consultations

5.0 on 5.0

If they unnecessarily delay the process, issue them a legal notice through a local lawyer. In case of unsatisfactory response, you may proceed to file a suit.

Swaminathan Neelakantan
Advocate, Coimbatore
2152 Answers
20 Consultations

4.9 on 5.0

You can file a complaint to dy registrar about the same. If its not resolved file a consumer complaint against them. First send them a legal notice through lawyer. 

Sir, If you need any further assistance.You can approach me through Kaanoon or LinkedIn.

https://www.linkedin.com/in/prashant-nayak-5477b138

Prashant Nayak
Advocate, Mumbai
28106 Answers
93 Consultations

4.4 on 5.0

  1. You can move the cooperative court or consumer court against the housing society for refusal and/or unreasonable delay in giving you the share certificate. Of the two options stated, which would suit your purpose can best be adviced, only after an exhaustive consultation session with you.  
  2. You need to visit me for the exhaustive consultation. I'm willing to take up the litigation and lead it to it's logical conclusion. 
  3. I'm based in Mumbai /NaviMumbai just as you are. So it shouldn't be much difficult for you to visit me. 
  4. ९८२०८९७८८४. (Nine eight two zero eight nine seven eight eight four) 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1433 Answers
5 Consultations

4.4 on 5.0

- As per law, a society has no legal authority, to issue moral, ethical and social diktats to its residents.
- Further, Society by law and resolutions must be limited to the mandate of governing the society’s affairs and nothing more.

- Since, the membership is confirmed in the AGM , then society cannot delay in issuing the share certificate and the said act is against the rules of society Act

- You can send a legal notice for getting the share certificate , and if no response then file a compliant before the Registrar of Society. 

Mohammed Shahzad
Advocate, Delhi
10324 Answers
124 Consultations

5.0 on 5.0

You issue a letter to the society about this and demand the share certificate immediately giving a time limit.

After that you can resort to legal action by first issuing a legal notice demanding the requirement.

If there is no response to that then you may drag the society to the consume forum for deficiency in service and also for compensation for their lethargic attitude and reckless behavior.

 

T Kalaiselvan
Advocate, Vellore
79250 Answers
1618 Consultations

5.0 on 5.0

Dear Client

You can send a legal notice for timely endorsement of your share certificate and the return of the same.

Thank you

Anik Miu
Advocate, Bangalore
5374 Answers
58 Consultations

4.9 on 5.0

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