Legal Question in Real Estate Law in India

No. of names on society share certificate

My wife and myself have purchased a flat jointly with her name as the first joint. The society has mentioned only her name in the share certificate.When I confronted the chair man and asked him to add my name also to the share certificate he said that only the first Joints name is usually mentioned on the share certificate and is not willing to add my name. Is this case true. If it is not so then what can i do to add my name also to the society share certificate. Thanking you in advance.


Asked on 12/07/08, 11:49 pm

4 Answers from Attorneys
Homi Maratha N.N. Maratha & Co.-Advocates

Re: No. of names on society share certificate

The chairman of the society has got lack of knowledge and is completely wrong in this case.

Share certificate and membership can be in joint names.

You may apply to the society for the correction of this technical error.

OR

You may file a complaint to the RCS for relief.

In case of need please contact personally.

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Answered on 12/17/08, 4:39 am
Shrichand Nahar S.V.Nahar, Advocate

Re: No. of names on society share certificate

Society chairman is wrong.

Membership and share certificate can be in the joint names.

Apply to the society for correction of error.

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Answered on 12/08/08, 12:37 am
Nasir Butt Nasir Law Associates

Re: No. of names on society share certificate

If the property is purchased in her name, then only appearance of her name is correct, but if the property is purchased jointly, then names of both must appear on share certificate. Make complaint to secretary of the society, if no acceded, then go to Registrar Societies, and if not succeeded then go to Civil Court.

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Answered on 12/08/08, 3:58 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: No. of names on society share certificate

That is not true; you should insist upon addition of your name; if they refuse, you may make a representation / complaint to the RCS for appropriate relief.

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Answered on 12/10/08, 12:30 am


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