To split 1 share certificate into 2 on division of flats

Querist : Anonymous (Querist) 07 April 2011 This query is : Resolved
My mother has purposely involved the secretary and a committee member of the society for settlement, when the MOU is already signed. This committee member has said that the society is not bound to issue 2 share certificates in lieu of 1, even if there is a court order to that effect.
I would like to know :
- whether the society can overrule the court order and deny to issue 2 sh certificates?
- if the society does not issue 2 share certificates inspite of court order, what is the remedy available to me.
- whether the society can charge transfer fees in the said case?
I would be grateful if you could help me in the matter.
Rgds,
Anand.

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Devajyoti Barman (Expert) 07 April 2011
No, the Society can not ignore the court order. However even if it chooses to do so then it could be prosecuted for contempt of court.

Devajyoti Barman (Expert) 07 April 2011
The issue of charging transfer fee depends upon the By laws of the Society.

Kirti Kar Tripathi (Expert) 07 April 2011
Mr. Barman is right. Society can not ignore the orders of the Court.

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