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Rahul (Executive)     22 January 2011

Share Certficte - Joint Holder

My family is a holder of bunglw plot in central Mumba. While including my name and name of my brother as an associate member in the share certifcat, I realised that the society put name of my brother before myself inspite of me being the elder one. We hold the same number of shares and the application was sent together.

I would like to know

1.  On what basis would the order of name be decided in a share certificate? Does the society decide on its own or they should contact us again in this case?

2.  Does the order of name in a share certficte hold any importance in terms of preference issued while contacting the member? Or preference later on during sale or any decision making process?

3. Does the first name in the shar certifcate hold any significant advantages in terms of making decisions independent of the second associate member?

4.  Would it make sense to bring up this issue in the family to change the order as this has the potential to strain the relationship between brothers.

 

Any advise on the above would be highly appreciated.

 

Regards,

 

Rahul



Learning

 1 Replies

Darshan Panchal (Advocate)     22 January 2011

Both of you are associate members and have equal share in the flat. Your brother is not a nominee. had it been so and his name was entered before you and yours after him, that would have made him the owner and you the nominee. However, being associate members u both equally possess the flat and have equal rights. There is no basis of entering the name first or after. I don't think u need to bring it up since as i said both of you r equally entitled and unless u solely have paid for the flat.

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