My father jointly purchased flat with his younger brother in Mumbai from the builder in 1981 and agreement on both their names. In 1988 my uncle gave an application and affidavit to Society to delete his name from joint holding, the society passed resolution in AGM in 1988 deleting my uncle's name from joint holding and accept my father as the sole and absolute owner of the flat. Society issued share certificate in 1994 erroneously on joint name of my father and uncle instead of only issuing it on single name.
My father pointed this error to the Society and demanded immediate correction in Share certificate, the Society admitted its mistake and asked my father to submit the share certificate later as there were share certificates of other members having some or other errors and the Society would preferred to do all at once and hence to submit the share certificate later. Thereafter my father approached the Society numerous times but the secretary never paid attention and always said not to worry nor panic as my father is already a sole member and owner of the flat and his brother name is deleted from the records of Society.
Subsequently when the new committee was formed, my father approached the secretary and finally the share certificate was rectified and my father's name was endorsed in share certificate as a sole owner in 2004 and it was again recorded in the AGM which took place in 2004.
During the ongoing process of deemed conveyance, as instructed by the Society, two printed sets of flat agreement and 2 copies of share certificate was submitted to the lawyer of the Society who was acting on behalf of the Society responsible for doing Deemed conveyance.
The deemed conveyance was registered in around 2023 and we were shocked to discover a huge error in the registered deed as it had ONLY the name of my uncle, whereas my father is the only sole owner of the flat since 1988 paying all dues of the society and more than 42 years and every document, paper correspondences, circulars, notifications, maintenance bills, payment receipts or any other communication by the Society have and are being issued on my father's name. The stamp duty of for deemed conveyance was also paid by my father and receipt issued.
As we are staying overseas and my father is aged so is intending to prepare Gift Deed to Gift the Flat to me, when we approached the lawyer to prepare Gift Deed he refused and have given advise that it is not possible to Gift the Flat as my uncle name is still existing and it was only possible if the registered Deed of Deemed Conveyance had my father's sole name in the members list corresponding to his Flat.
He is not ready to accept or recognise Affidavit and application submitted to the Society by my uncle during 1988, also not recognizing that share certificate is endorsed on my father's name on back side and my uncle name is deleted. Not willing to accept the resolutions passed in 1988 and 2004, twice resolution was passed by Society so there it is absolutely clear.
I have brought this error to the attention of Society and also wrote a letter to the lawyer who has done deemed conveyance but they are not responding nor the Society is doing anything and passing the blame on us because we discovered this error in the registered copy of deemed conveyance in 2025 and the deed was registered in 2023. My father also wrote to Society stating that his brother already passed away in 2020 and how can a deed be registered on Dead person's name.
Due to age and lack of communications and with all the documents, entire communication coming on my father's name since more than 42 years it is unimaginable that this will happen and my father believed in good faith. There was not even a single query raised by the Society. This error in Deed of deemed conveyance was discovered when initiating to prepare Gift Deed.
Is it possible to proceed with Gift Deed if there is a error in this registered copy of deed of deemed conveyance.
Please can you guide us what can be done in this matter so that there is successful implementation of Gift Deed and correction in registered copy of deed of conveyance deed so that there can be no legal loopholes or any future issues while selling, Gifting the flat or liaising with the builder in case the building goes for redevelopment.
