VSS (na) 29 July 2014

Change in housing society share certificate after remarriage

Hello,

I got divorce in year April 2012 and remarried in the year Nov 2012.

I own a flat in a co-op housing society in Mumbai since 2009 which stands in my first marriage name as mentioned in the agreement. After my divorce I have changed my surname to maiden surname by way of government Gazette. However after second marriage, I wish to change my society membership surname to current marriage surname

I have applied to my co-op housing society to change the surname in the share certificate from earlier married name to current surname. My name has remained the same, changes are in surname only.

However the society managing committee refuses to effect the change on the basis of the gazette notification. I have also provided notarized new marriage certificate. Society says, whatever name and surname mentioned in the property agreement will remain on the society share certificate.

So to make this change, do I need to change my surname on property agreement? Or are there any other options do I have? To change my surname on Housing society share certificate?

Once society changes my surname then I wish to get this change done also on Electricity, Gas, property tax etc.

Kindly advise the procedure to be followed.

Thanks,

VSS

Reply Follow

1 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 13 September 2014

The property purchase document is in your name with the surname of your former husband. Was it solely on your name as a single owner or was the name of your husband or any other person also in the document as joint owner? Did you purchase the property with your own income only? After your divorce from the first husband and after changing your own name to your maiden surname with declaration in Government Gazette did you apply to your Society to change your name to your maiden surname?

The Model Bye-laws have no provision for change of name in the records of the Society in a case like yours. The registered purchase deed cannot in any way be changed to the best of my knowledge. If in the records of the Society your name has been changed to your maiden surname, why do you want to change it again to your name with the name of your second husband?

Your rights on the property including your right to transfer the property to any other person will no way be affected even if the names are not changed in the current records.

In any case if you want to change your name you first ask the Society to give a written reply as to the refusal of your request.

Then you make a complaint with or without the written reply of the Society, to the Deputy Registrar of your Ward and pray to him to order the Society to change your name. This can be a long drawn affair.

It is advisable for women to acquire all their assets in their maiden name only whether married or not.