Ajoy Phillips
Self is a joint owner of a flat in Co-operative housing society in Kurla, Mumbai.
The flat was purchased by my father in 1969. Before his death in 1992 he made a nomination in his 2 sons names without mentioning percentage. In the order of names (self as second name), society had transferred the flat in 2 names.
Since 1996, self has been living in the flat, paying monthly maintenance and repairs. As building is old and flat in on top floor yearly repairs has increased substantially over the years.
Share certificate was lost or misplaced. In 1998 first named holder (who has been living elsewhere since 1996) applied for a duplicate share certificate and society has issued him with a duplicate share certificate.
My questions are as follows.
1.As I am paying society dues, occupying the flat, attending meetings and maintaining the flat, what are my legal rights to apply for ownership as the first named nominee has no interest in the property, but he will not relinquish his right/title on the flat.
2.I wish to make a nomination. Society is not accepting nomination unless it is signed by both owners. They will not accept nomination of my share of the property.
3.Is there any provision in the bye-laws which deals with the above 2 points.
I C Naik
Matter has to be sort out between two Nominees first. 1st named member and Associate both are responsible to pay society charges with no distinctive rights being conferred on that score.
As no percentage share of the flat was specified and in any case as natural heirs both have equal share in the late father’s interest in the capital and property of the Society.
Assuming the first named person possibly the elder Philips being the Member ( the jr Philips being Associate) can send in a resignation to the Society as member stating that the Associate member be registered as Member also endorsing share certificate to that effect.
It has been a long time you have been enjoying the flat and for that you have born all costs as also played role as a member. But the economics of these charges vis a vis a market rent is one thing to be sorted out between the two Philips (take help of a common friend). Then the market value of the flat to be arrived estimated based on recent transfers if any. So the half of that belongs to a member who waves of his right to occupy the flat.
Having satisfactorily worked out the Society should be more than willing to cooperate as you have been the face of the flat all these years.
You will thereafter be eligible to file nomination for the 100% interest.
