Upgrad LLM

additional share certificate


My father and I decided to stay seperately,dividing the flat in two part both having seperate entrances in the year 1991.My brother stayed with my father in his part on the flat.We made an arbitration award for use and occupation in which my father committed to either splitting the share certificate of the flat or get additional share certificates for my portion of the flat and I commited to pay for the maintainence and repairs for my side of the flat.The society then refused to do split the share certificates.I stopped paying my maintainence to my father for my part of the flat. Both the parts of the flat have seperate electric meters and seperate ration cards.Can I and my father insist our housing society to issue additonal share certificate for my part of the flat. 

 
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Lawyer

Forum Moderator

It depends on the bye-laws of the society
 
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Lawyer

Unless bye-laws of the society provide for spilliting of membership ( which is most unlikely), you can not compell the society to spilt Share certificate.
 
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may i know some details about share certificate and what is it for
 
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Society is a legal person. By getting shares in the society you are becomming member of that society. At the time of forming the society, every society must have formed his own bye-laws, i.e. rules and regulation for governing the society. If that bye-law permits such division and addition share certificate, then and then only you will get additional one. But it is a general practice that no socitey is allowing any member to part with his or her flat.
 
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n/a

there is a family dispute,and we brothers have agreed to ask the society to issue additional share certificate so the issue of ownership is solved without any brother having to leave his portion of the flat or giving any money to the other
 
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