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Share certificate required for registration


30-Aug-2023 (In Documentation Law)
We are selling our flat which was originally bought in the name of my brother and father. Father expired last year. Share certificate has not been transferred in nominee’s name. Registration scheduled next week.Is it mandatory to submit amended share certificate at the time of registration ? We have submitted the required documents to the society about 15 days back.They have still not made the changes.
Answers (2)

Answer #1
957 votes
Laws change from state to state. What registration are you talking about? In Maharashtra if member of housing society demises then his legal heirs are expected to get succession certificate from the court, upon receipt of succession certificate can request the membership be transferred to successors.
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Answer #2
608 votes
The Below said opinion shall be applicable as per the Maharashtra Co-operative Societies Act, 1960.

The Bye-Law no. 38 deals with the disposal of transfer applications.

The Secretary should scrutinize the documents received and verify as to the conformity with the Act, Rules, and Bye-laws of the Society and place the same before the Managing Committee of the Society for its approval.

If such application is rejected, the Secretary has to communicate the decision to the applicant within 15 days from the date of the decision or within 3 months from the date of receipt of the application, whichever is earlier.

If the applicant does not receive intimation from the Society within 3 months from the date of submission of application, it is deemed that the application for membership is accepted.

The society NOC is needed for the registration of documents, without that the registration shall not be allowed.
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