House Share Certificate

Querist : Anonymous (Querist) 28 October 2018 This query is : Resolved
Hi my name is Salim Quadri. I have my house which I am residing currently in Mumbai. But I feel that my brothers have done a fraud and taken my signature on a legal paper where in they have transferred the house from my name to his name on the share certificate. My house is in my name and my nominee is my son Daanish who is 19 yrs old. I wanted to ask that can my brothers transfer the house on their name without the signature of my son. and I have a doubt that my share certificate is only on my name and not my son's name. I am worried can you please help me on this. All the papers are with my brothers.

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Isaac Gabriel (Expert) 28 October 2018
If the property is with the Housing society, you can enrol your as nominee in the records.Neverthless the documents cannot be altered without your consent. However, check with the society.

KISHAN DUTT KALASKAR (Expert) 28 October 2018
Dear Sir,
Please take authenticated documents from the Society and check in whose name it is standing. Your son’s signature is not necessary. Usually the Society cannot change in your brothers name unless there is legal registered document. If there is so, then file suit in civil court.
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Dr J C Vashista (Expert) 29 October 2018
Obtain copy of documents from Society/ Sub-Registrar and/or any other authority and show the same to a local prudent lawyer for better appreciation of documents/ facts, analyse, form an opinion, guide and proceed professionally.

Kishor Mehta (Expert) 31 October 2018
In Mumbai it is not possible to transfer an ownership flat just with a signature on a paper. The sale deed has to be stamped, executed and registered to transfer a flat in Mumbai. You can nominate your son with the Society by filing nomination papers.

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