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Sudhir Parmar   16 April 2024

Issuance of new housing society share certificate in the name of a dead person

Dear Sir/Madam

Please guide is there any provision in MCS Act or any other allied act applicable to Maharashtra which restricts Provisional Managing Committee of a Housing Society from issuing First Share Certificate in the name of agreement holder who has Died during the period of date of agreement till the date of issue of the first share certificate of a newly registered society ?

Thank You.


 8 Replies

Dr. J C Vashista (Advocate )     16 April 2024

Did you inform the Society about death of share holder / allottee ??

1 Like

Sudhir Parmar   16 April 2024

Yes, society is already aware of all such cases of death. And there is not one but many such instances.

T. Kalaiselvan, Advocate (Advocate)     16 April 2024

What is the agreement, are you referring to the regstered sale deed as an agreement?

If not then the society cannot issue a share certificate for the agreement holder, the share certificate can be given only to the title holder with a registered sale deed on his name.

now if the registered buyer is reported to have died, then a  legal heir after obtaining a NOC from other legal heirs can apply for share certificate by producing the death certificate and the NOC. 

You cannot expect the society to issue a share certificate in the name of the deceased purchaser/member. 

1 Like

Sudhir Parmar   17 April 2024

Dear T. Kalaiselvan Sir,

Thank you for your prompt revert. The agreement referred to are the Registered Sale Agreement. During the tenure of construction few agreement holders have died and now their legal heirs have submitted the membership forms to committee and committee is planning to issue share certificate to such deceased persons instead of the legal heirs.


T. Kalaiselvan, Advocate (Advocate)     17 April 2024

Unless there's no sale deed on their name, nobody can become the owner of the purchased property hence there's no question of issuing a share certificate on the name of just an agreement holder.

You clarify if it was a sale agreement or a registered sale deed then only any further advice can be rendered.

Sudhir Parmar   17 April 2024

Sir, its registered sale deed. Maybe the word agreement has created a confusion, regret the inconvenience caused.

T. Kalaiselvan, Advocate (Advocate)     20 April 2024

You insistently repeated that it is a sale agreement, well its alright, be careful in future with the wordings of your question because you are  likely to get misguiding opinions if you spell out wrong words in your question. 

In the given situation, the society cannot issue the share certificate in the name of the dead person. 

However if you are one of the shareholders, you may suubmit an applciaiton along with a copy of the death certificate and a copy of the legal heirhsip certificate and request the soceity to issue the share certificate in the name of all the sharehiolders.

The society cannot refuse to do so, if they still are reluctant to accede to your request then you may escalate the matter through the deputy registrar or even court of law for the relief. 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     20 April 2024

In the case of buildings built by builders and sold to individuals on the bais of agreements. Societys are formed later probably even when the construction is in progress. If the construction is in progress, those who have entered into agreement with the builder are admitted as members and  issured share certificates. If some flats are unsold the builder himself is admitted as a member with respect to the unsold flats. In fact the purchasers of flats have to apply to the Society for membership. If one such member applies for membership, but dies before issuance of certificate and the Society is duly informed of the death of the member along with death certificate, the issuance of share certificate should be held in abeyance until the legal successor applies with evidence. Then the share certificate is issued to the legal heir.

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