Vishal D Mehta 13 August 2016

Sale Deed and Flat Share Certificate in different names

am in process of buying a flat of a building constructed in 1978. The registration and stamp duty has been done in 2009. The sale deed is in name of Mr X but share certificate is in the name of Mr Y. Additional Mr Y deceased and had nominated Mrs Z for this flat. So society had transfered the share certificate in name of Mrs Z. Also note that the stamp duty and registration of the flat was done in 2009 based on the original sale deed of 1978 under an amnesty deal. The share certificate attached is of Mr Y only. My question - does the share certificate needs to be in Mr X before I purchase the flat, if yes what will be procedure of doing it now. OR is there any other procedure. For info Mr X is the owner as per sale deed, Y (deceased) is the uncle of X and Z is the wife of X. Please guide.

Reply Follow

2 Replies

Kumar Doab (FIN) 13 August 2016

The chain of title should be complete.

The seller and society are to explain why share certificate was not issued in name of X.

Approach a very able counsel specializing in such/property matters for legal opinion.

Vishal D Mehta 13 August 2016

Thanks for your reply. I shall definitely get an able counsel. Based on the above facts, what is your view...is this flat purchase doable or not, consider the building may go in redevelopment say in 7/8 years OR for resale by me in future.