Send letter to donor to furnish original share certificate as it is necessary for transfer of flat in donee name 

2) society cannot make endorsement of donee nabe in share certificate unless original is received 

3) copy of letter can be sent to donee and lender 

As far as society is concerned donor is member of society 

flat devolves on donor legal heirs as per provisions of Hindu succession act 

He doesn’t need share certificate for the transfer when he has gift deed. He can apply for duplicate share certificate if required. Otherwise he needs to wait for the mortgage loan to complete 

Management committee cannot issue the share certificate if the request for transfer of share to other person by gift is not accompanied with  documentary evidences for this transfer.

If the society has not transferred the share certificate to the son then it should analyse the reason for this  and take suitable action 

If it is not possible to issue transfer certificate to son for the said reasons, it can initiate action accordingly to accommodate the request for transfer. 

The son had not taken steps to get the share certificate transferred to his name  hence as per the society records the mother's name is still in the share certificate, therefore the mother is entitled as per the redevelopment agreement.  

The legal heirs of the donor shall acquire/inherit the property in the capacity as successors in interest as epr the Succession laws.

In this situation, the Managing Committee of the society should take several steps to address the issue and ensure a proper transfer of the flat. 

1. Verify the Gift Deed: Confirm the authenticity of the gift deed through legal means. Ensure that it is a legally binding document and that the transfer was done appropriately.

2. Contact the Lender: Communicate with the lender to verify the claim that the share certificate is with them. Request documentation or confirmation from the lender about the mortgage and the location of the share certificate.

3. Request the Son to Provide Necessary Documents: Ask the son to provide any supporting documents related to the mortgage and the whereabouts of the share certificate. This may include correspondence with the lender, loan agreements, or any other relevant paperwork.

4. Notice to the Son: Issue a formal notice to the son requesting the production of the share certificate and any other required documents. Clearly state the consequences of non-compliance, such as the inability to complete the transfer.

5. Engage Legal Counsel: If the son fails to produce the necessary documents, consider seeking legal advice. Consult with legal counsel to understand the legal options available to the society and the potential consequences for the son's actions.

8. Explore Legal Recourse: If all else fails, the society may need to explore legal recourse to enforce the proper transfer of the flat. This could involve taking legal action against the son for non-compliance with the society's rules and regulations.

It's important for the Managing Committee to act diligently and in accordance with the society's bylaws and applicable laws. 

The situation you described, where a flat has been mortgaged without the necessary documentation and the share certificate is not available for the transfer, can have implications for the redevelopment process of the society. The lack of proper documentation and the mortgage without society's consent may have legal and financial implications for the redevelopment process. It's crucial to resolve these issues before moving forward to avoid complications during or after the redevelopment. Redevelopment projects often require clear title and ownership documentation for all units involved. The lack of a proper transfer and unresolved issues related to the flat in question may create complications in establishing clear titles for the redevelopment. Authorities involved in approving redevelopment projects may scrutinize the ownership and legal aspects of each unit. Any discrepancies or unresolved issues may lead to delays or rejection of approvals for the redevelopment project.

In summary, it's crucial to address the ownership and legal issues promptly and thoroughly to ensure a smooth and successful redevelopment process. Seeking legal advice specific to the local laws governing real estate and redevelopment can provide valuable insights into the best course of action for the society.

If the donor of a property dies, it can have various legal and procedural implications depending on the circumstances, the type of property, and the applicable laws in the jurisdiction. 

1. Effect on Gifted Property: In many cases, the death of the donor does not automatically nullify a gift. Once a gift is completed, it is generally considered irrevocable. However, the process of transferring ownership might not be finalized, and the property may need to go through probate or other legal procedures.

2. Probate Process: If the donor's estate is subject to probate, the gifted property may be included in the probate proceedings. The probate court will oversee the distribution of the deceased person's assets, including the gifted property, according to their will or the laws of intestacy if there is no will.

3. Succession Planning: If the donor had a will, the gifted property would typically pass to the designated beneficiary as specified in the will. If the property was jointly owned with rights of survivorship, it might pass directly to the surviving joint owner without going through probate.

4. Inheritance Laws: In some cases, the laws of intestacy may come into play if the donor did not have a will or if the will is deemed invalid. In such situations, the property would be distributed to heirs according to the legal order of inheritance defined by the jurisdiction.

5. Communication with Relevant Parties: It's important for the relevant parties, such as the recipient of the gift and the executor of the donor's estate, to communicate and coordinate to ensure a smooth transition of ownership.

On the basis of gift deed, flat will transfer in son`s name in records.

- The society cannot issue share certificate in the name of son after accepting the gift deed dully registered by the mother  in the absence of share certificate of mother

-  Further, the said son was not having his right to mortgage the property without becoming the member of the society , and hence the society can take legal action against him .