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ishwwarkrupa (chairman)     27 October 2013

In cooperative housing society if share hold jointly

hi our society come to share tansfer one case as flat purchase by mother,son ,son wife.mother name stand first in agreement only stamp duty paid and not register in register office share hold by all three mother name first,son name second ,sonwife name on third position. now mother pass away(death),mother having another son and one doughter and two step son and doughter.

now son how hold share jointly with mother send application to society with his mother dead certificate stating that now society have to trasfer share to son,and son wife whose name stand 2nd and 3rd in share certificate but in society record mother not made any nomination and her son saying his mother was not make any  register or unregister  will for her property..according to information mother had make payment 60% for flat purchese and 30% by son.

now society does not understand how to tansfer share certificate to whom legally.



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 1 Replies


(Guest)

Your query in incomplete, does not give complete fact, religion you profess, etc.

What I understand from your case is:

(1) Mother, Son and Son's wife are the owners of the flat in question.

(2) Agreement for purchase of flat the stamp duty is paid but it is unregistered.

(3) 60% of the payment is made by Mother and 30% by son. 

(4) In the record of the society and share certificate the name stands as shown above.

(5) Mother died without making any Will.

(6) Son and son's wife make application for transfer of flat in their name.

(7) There are other legal heirs also.

Your question whether the flat can be transferred in the name of Son and son's wife.

My understanding of the law says "NO".

You will have to check the following laws before transferring:

(1) Registration Act.

(2) Transfer of Property Act vis-a-vis the payment of 60% by Mother and 30% by son and no payment by son's wife.

(3) Personal Law of the deceased.Her share would have to be divided amongst all the heirs.


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