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Hrushi   11 October 2025

Share certificate of co op hsg society mumbai

1)Husband and Wife are joint hoders in a flat in a co Op Hsg society Mumbai. Wife is alive.

Husband died and Son who is Secretary of society got Share Certificate changed his name as second holder and his mother who is joint holder with his father as first holder. Is this legal.

2) In second case, Wife and Husband were joint hoders in a flat in a co Op Hsg society Mumbai. Wife name is first and she is alive. Husband died and Son who is Secretary of society got Share Certificate changed his name as furst holder and his mother who is first holder with his father as joint holder. Is this legal.

 



 8 Replies

T. Kalaiselvan, Advocate (Advocate)     11 October 2025

Though the question is hypothetical, the answer to both is that the son has misused his post in the society in his favour hence illegal because he has no full rights in the property.

He has only half share out of his father's share in the property.

 

Hrushi   11 October 2025

Sir, The question is not hypothetical. Its a Fact.

P. Venu (Advocate)     11 October 2025

Are there any successors to the property other than  the son and the mother? If no, strangers do not have any locus standi in the matter unless it is the case that the son is misusing his authority.

Hrushi   11 October 2025

First line -Yes,                                   But my Query is how can joint holder widow mother who is replaced by son as joint holder and he becomes First owner as reflected in share Certificate showing his name first. The locus standi is very much exists as i am active member and society going for Redevelopment.

Dr. J C Vashista (Advocate )     12 October 2025

Whether you (Secretary) are already member in the same cooperative housing society at the time of death of your father ? 

Whether you were registered as "nominee" of the share of your father in the Members Register maintained by the CHS ?

Being Secretary of the Society you might be aware about transfer of share ceretificate. How can you replace your name in the share certificate of CHS after death of your father without following due process of law ? 

Second part of the query qua change of name in share certificate as "first" member is illegal and invalid since deceased member was a second name in the share certificate held with his wife, who is stated to have been replaced by you / the secretary /son / nominee (if it is correct)

1 Like

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     12 October 2025

Case 1. Husband and wife are joint holders in the share certificate. According the Maharashtra Co-operative Societies Act 1960 the person whose name stands first in the share certificate is  a member and all others in the share certificate are Associate Members. An Associate Member has the right to attend General Meetings and vote thereat as the Member's proxy, if the member himself is not present. He or she has no other rights. If the member dies the position of the Associate Member is vague. Anyway what the son has done is illegal. 

Case 2 Wife and Husband are member and associate member respectively. Husband, the associate member dies. Nothing changes, except that the name of the associate member should be deleted from the share certificate. Wife continues to be member enjoying all the benefits as before. What the son has done is illegal.

Dr. J C Vashista (Advocate )     13 October 2025

The person whose name apear first in the share certificate of the Cooperative Society is termed as "primary" member enjoys all political rights of the Society, where as the person whose name(s) are second, third.. s/he / they are termed as "joint" but not "associate" member(s).

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     13 October 2025

Section 27 of  the Maharashtra Co-operative Societies Act, 1960 mentions various types of members including associate member whose name appears in the share certificate. No where is there a mention of joint members. A few years back the Maharashtra Government promulgated an ordinance under which the term joint member was also mentioned. But the ordinance never became law.


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