Housing society rules for single and joint ownership

Vivek Kumar (Querist) 02 September 2024 This query is : Resolved
hi,
I am from Maharashtra, what is the ownership status of a flat if its sale agreement and index 2 from registration has two names as buyer of the property but the housing society share certificate mentions only one name? Is there any provision to rectify share certificate and make it joint ?

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If your sale agreement and index 2 list two buyers but your housing society share certificate only shows one name, it's important to clarify ownership. A sale agreement alone doesn't grant title; you need a registered sale deed. If the sale deed is in joint names, ensure you applied for the share certificate accordingly. You can approach the society's office bearers or RWA to rectify the certificate if it's an error.

T. Kalaiselvan, Advocate (Expert) 02 September 2024
First of all sale agreement is not a title document at all, in that case how can you claim title to the property?
Did you purchase the property by a registered sale deed in favor of joint names, if yes, have you applied for share certificate on joint names or single name, you may confirm the same, if yes, then if it is in the order of primary member and secondary member and if only primary member's name is appearing in the share certificate then it is not an error.
However you can clarify from the office bearers of the society or the RWA in this regard and then think about escalating the matter to any authority concerned if there is no proper response from the RWA

kavksatyanarayana (Expert) 02 September 2024
As it is a sale agreement and hence you are not the owner of the property. First, get a sale deed either jointly or individually, then get a share certificate accordingly.

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