Getting duplicate Share certificate from Cooperative Housing Socieity Ltd. Mumbai
My friend's father was allotted flat in one Cooperative Housing Society situated at Mumbai (Maharashtra), which is registered under Maharashtra Societies Registration Act. After sad demise of allottee i.e. father, my friend is the only legal heir for which his father has prepared WILL bequeathing Society's flat in his favour. However, the original Share Certificate has been lost by my friend.
On a request to Secretary of the Society for issuance of duplicate Share Certificate, the Secretary denied to give Share Certificate on the plea that father's WILL is not notarized. In fact, WILL is prepared by Legal Lawyer in presence of two witnessses.
As a matter of fact, WILL cannot be notarized as the father is expired. In this case, can we request for copy of Share Certificate under RTI Act, 2005? Who is the appropriate authority? Whether it is Registrar, Cooperative Society, Mumbai or Secretary of the Society himself? Please guide.
If your friend's father had submitted nomination to society, managing committee can transfer the share in name of your friend; if he is nominated by his father. Since share certificate is lost , duplicate share certificate can be issued on submission of indemnity bond as required under MCS Act 1960.
If no nomination is filed, he has to get probate on will from competent court.
application for a duplicate share certificate and transmission of flat
i have approched the society for the transmission of share certificate on my name after the death of my father, as my both the parents are separeted in my childhood and i am the only one son behind him. but i am living with my mother. he has nominated me as a nominee for this flat. the said flat is of MHADA. however as i have lost the original share certificate with me. i approched society for a duplicate share certifcate but after delaying the matter for a long period by giving unreasonable excuses, secretary of the society told me that i should bring the original share certificate first and then apply. he also refused to provide duplicate share certificate.. he also told me that he will auction that flat. so need your advise that how to deal with such matter and get transfer of that flat on my name? can i apply nder RTI, 2005 in this matter and if i can what is the appropriate authority for the same. Registrar of society or MHADA?