Legal Question in Real Estate Law in India
I have purchased a flat in mumbai in 2008. The previous owner had lost or misplaced his share certificate. Hence the Previous owner before the sale of flat had issued a indemnity bond and subsequent to that the society has issued a public notice for issue of duplicate share certificate. Now the society is telling it has lost its share register and share certificate counterfoils, and unable to issue duplicate share certificate. What is the procedure now to get share certificate ?
2 Answers from Attorneys
The society will have to first lodge an FIR with the PStn, give a public notice and inform the office of Registrar of Societies and thereafter from their data base issue duplicate share certificate
in case the society lost its documents, there must be some record viz. police complaint or complaint to the Registrar societies....on that basis and on the basis of documents executed by the seller, you may ask the society and/or registrar to issue a fresh letter authenticating the deal.
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