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Mahesh Fofandi   17 April 2021

Share certificate

Socity has insert Wife name in share certificate without consulting owner the flat and no legal procedure applied for the same. What should I do sir.


Quick Summary
A society has added the wife's name to a share certificate without the owner's consultation or legal procedure, following a letter from the wife two years prior. The owner is seeking advice on how to rectify this. Experts suggest inspecting society records, issuing a legal notice detailing by-law violations, and potentially approaching the court if the society fails to correct the error. It's important to note the dates of the certificate issuance and when the objection is raised, and to avoid involving matrimonial disputes in the process.

 6 Replies

Pradipta Nath (Advocate)     17 April 2021

Please send your society legal notice and seek a show cause for the error. In case they don't correct themselves, approach court.

G.L.N. Prasad (Retired employee.)     18 April 2021

You have a right to inspect society's books if you are a member.   Seek inspection of the registers and documents basing on which society issued such certificate.  Then issue a legal notice stating the rules and regulations as per bye-laws the procedure to be followed and not followed (violations) and seek cancellation of the certificate as it was obtained through fraud violating bye-laws.

(Dates are important.  What is the date of the certificate?  When you have the knowledge and when you are raising objections?  Where is your wife now?  Why she is not prepared to apply for cancellation ?.  Please do not involve society in matrimonial issues.  Remember that ultimately the registered title deed is treated as a valid sale deed)

Sankaranarayanan (Advocate)     18 April 2021

CHECK THE RECORDS AND FOUND ANY  RECORDS BEEN FOUND THEN YOU CAN SEND  LEGAL NOTICE AS SUGGESTED BY THE EXPERTS . I WOULD LIKE TO SAIL WITH EXPERTS POINT

P. Venu (Advocate)     18 April 2021

"Society has insert Wife name in share certificate". Is this the general norm or only in your case? If so, why?

 

Mahesh Fofandi   28 April 2021

We husband and wife two years before some fought in house, she just give letter to society which I don't know, after 2 years when society give new certificate in place of old, they insert her name without intimate to me, no legal procedure they do

Pradipta Nath (Advocate)     28 April 2021

Please do what has been suggested earlier. No one is above law!


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