Right of Associate Members successor to a property

Querist : Anonymous (Querist) 28 July 2010 This query is : Resolved
My mother owns a flat in Mumbai. Hers is the 1st name in share certificate. Agreement with builder was singly in her name. However, in the share certificate she got my fathers name in 2nd place. My father was Chairman of that society.
Recently father died while mother is alive and healthy. She wants to sell the property. Now my sister is claiming share of property stating that as associate member's daughter she has succession right and the property cannot be sold till her share is decided and given.
What is the legal position.

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s.subramanian (Expert) 28 July 2010
your mother is sole owner of the property. the name of your father in the share certificate cannot clothe him with any right over the property.therefore your sister's claim is not legal.

Madhav Dongre (Expert) 29 July 2010
The Ownership depends upon the document of the conveyance in your mother's favour and not on the name on share certificate. If your mother has purchased the property from her own funds and if she can prove that , sister cannot object.

Chanchal Nag Chowdhury (Expert) 29 July 2010
I totally agree with Mr.Dongre.

Querist : Anonymous (Querist) 30 July 2010
Sirs, I will be grateful if you can please quote a High Court judgment supporting that name in share certificate cannot clothe associate member with ownership right over the property. Thanks.

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