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Ajai Jain   20 December 2023

Issue of new share certificate when 1st signatory to conveyance is dead

Husband & wife signed a conveyance deed with the developer and got possession of the flat also but before making membership application the husband( ist name died). No testamentary documents or family settlement deeds were submitted by the wife/ family members. Can the Society issue a share certificate in the fashion of -- Mr. A- Husband (deceased) & Mrs A's wife.


 4 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     20 December 2023

The wife shall produce a legal heir certificate and with a NOC of other legal heirs then a share certificate will be given by the society.

Sanskriti Tiwari   20 December 2023

When one joint owner of a property passes away, the surviving owner can make an application for membership in the housing society. The Maharashtra Cooperative Societies Act, 1960, under Section 23(2)(ix)(b), allows the surviving member to apply for membership and the society is obligated to transfer the deceased member's share in the property to the surviving member.

In the absence of testamentary documents or family settlement deeds, the society can issue a share certificate in the name of "Mrs. A, wife of late Mr. A (deceased)". However, the society might request documentation to confirm the relationship between the deceased and the surviving member. Legal heirship certificates or affidavits could be required for this purpose. The absence of a will or family settlement could lengthen the process, but it shouldn't impede the transfer of membership and issuance of a share certificate to the surviving spouse.

Dr. J C Vashista (Advocate )     21 December 2023

Since (husband) is stated to have been died, he cannot apply / get membership in the Society, accordingly it is B (wife alone) shall apply / get membership  after obtaining NOC of other LRs of the deceased.

T. Kalaiselvan, Advocate (Advocate)     21 December 2023

The sahre certificate cannot be issued in the name of the deceased person ev en though it is a jointly owned person.

If the legal heirs of the deceased prouce the NOC in favor of ther surviving owner, then the society  may allow the applicaiton for issuing the share certificate in favor of single owner.

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