Housing Society Problems and Solutions: Applying for a Duplicate Share Certificate
Shirish Shanbhag 18 April 2024
Just as a sale deed proves property ownership, a share certificate serves as legal documentation that you own shares in a cooperative housing society (CHS/Society). These shares represent your ownership interest in the Society's common areas and the flat itself.
 
The managing committee of the Society is responsible for issuing share certificates to members after completing necessary verifications. When a member transfers his/her ownership (flat and shares) to another person, the Society's rules typically mandate the transfer of the share certificates to the new owner (transferee) within one month of receiving the transfer documents.
 
In case a share certificate is lost or misplaced, there are procedures that can be followed to issue a duplicate share certificate. In most cases, a first information report (FIR) will have to be filed at the local police station and notices may have to be given in local newspapers. This week, I am providing a solution for one such peculiar case, where the original share certificate has not been misplaced but has been laminated. 
 
Issuing Duplicate Share Certificate
 
Question: I bought a house around a year ago and I wanted to add my name in the share certificate but my previous owner has laminated the share certificate and we could not retain it. Now, I want to make a new share certificate. My Society secretary either does not know the process or does not want to do it. What are the things I can do to get my name added to the new share certificate?
 
Answer: You can apply for a duplicate copy of share certificate after you surrender the seller's laminated share certificate to the Society. When the original laminated share certificate is surrendered to the Society, there is no need for a newspaper advertisement, police report or even an affidavit to be submitted to the Society. 
 
You should write to the Society to give you a duplicate share certificate in exchange for the original laminated one and also to transfer this duplicate share certificate to your name. When you submit the laminated share certificate to the Society, make sure to submit a photocopy of the same so that the Society will give you an acknowledgement with their signature and stamp. 
 
Society will impose 'duplicate share certificate' issuing charges, which may be Rs100 to Rs500. On either side of this certificate, the written matter would be the same as the surrendered certificate. Since old office-bearers, who had originally signed would no longer be available, their signatures would be marked as "sd/-" along with the Society's stamp. 
 
On the front side of this duplicate share certificate, across the top, it should say: "This duplicate share certificate is issued in exchange for the original laminated share certificate, on (date), as the last buyer of this flat has laminated the original share certificate, making it impossible to write new member's name on the same."
 
Unwitting Defaulter on Maintenance Dues
 
Question: Due to incorrect billing in the maintenance bill, there was some dispute with my Society's committee. For this reason, the maintenance bill was never paid for the past 14 years. The Society had never sent us any reminders to clear this outstanding without any interest or as a defaulter. Now, they have filed a complaint with the registrar of cooperative societies, asking us to clear the outstanding amount. Please advise.
 
Answer: If you have not paid your dues for such a long time (14 years), I cannot help you in any manner. There is no rule that supports you for being a defaulter for such a long period. 
 
Within the first three months of realising that your bills were incorrectly calculated, you should have made a complaint against your Society to the deputy registrar (DR) of cooperative societies, and, subsequently, followed up with them by writing reminder letters. Instead, you continued to remain a defaulter for 14 long years. For non-payment of Society's dues for such a long time, the law is firmly on the side of the Society and you will have to face the legal consequences. 
 
As a rule, the Society does not need to send you a reminder about outstanding dues. You are well aware that you have to pay Society's dues every month and even with this realisation, you have defaulted for 14 years.
 
NOTE
We will not be answering queries posted in the comments. Only questions sent through the Moneylife Foundation's Legal Helpline will be answered. If you want to seek guidance or ask questions to Mr Shanbhag, kindly send it through Moneylife Foundation's Free Legal Helpline. Here is the link: https://www.moneylife.in/lrc.html#ask-question
 
Transferring Documents in Society's Name after Deemed Conveyance
 
Question: I have received the registered deemed conveyance for my Society in 2021. Now is it necessary to apply for the property card in our Society's name and also for the 7/12 extract? Or will it be automatically done? How long will it take if we apply for it and if it is not changed automatically? What will be the cost involved?
 
Answer: The process of transferring names on essential documents in favour of the Society is not automatic, but one has to individually apply in each case, as I have explained below. 
 
If your deemed conveyance deed is registered within 2021, get two sub-registrar certified copies of the deed and copies of the Index-2 page by applying at the office where the deed was registered. Using the form available at the talathi office, you will apply to get the 7/12 extract and the mutation entry in Form-6 of the Society's land transferred in the Society's name. This application should include a certified copy of the deed and its Index-2. Simultaneously, apply with the form available at city survey office, to transfer the property card in the Society's name. Again, you must submit the certified copy of the conveyance deed and the Index-2.
 
When the property card of Society's land is transferred in Society's name, with its copy, apply at city survey office, for a survey of Society's land, on which the land map with the society building's outline would be shown. Subsequently, with a copy of the Society land's 7/12 extract, mutation entry in form-6, property card and land map, apply at the assistant assessor and collector's office at your municipality ward office, to transfer the property tax bill of the Society in Society's name. 
 
Once you get the property tax bill of the Society in the Society's name, apply at the water supply department of your municipality ward office to transfer Society's water supply bill in the Society's name. With a copy of Society's registration certificate, society land's 7/12 extract, mutation entry in form-6, property card and land map, apply at the electricity department to transfer the Society's common electricity bill in the Society's name. 
 
These are the steps that you have to take after you get registered and deemed conveyance deed. Find some knowledgeable person to do this work for your Society.
 
If you still need assistance, please come to Moneylife Foundation's office with a copy of your Society's conveyance deed, on Wednesday 3pm to 6pm, at Prabhadevi, after taking an appointment by calling 7045156451 during business hours.
 
Disclaimer: The guidance provided in these columns and on our Legal Helpline is on the sole basis of the facts provided by the reader/questioner and does not amount to formal legal advice in any form whatsoever.
 
(Shirish Shanbhag has an MSc in Organic Chemistry, a Diploma in Higher Education, and a Diploma in French and has completed his LL.B. in first class in 2021. Before his retirement, he was a junior college teacher at Patkar College from July 1980 to May 2012, teaching theoretical and practical chemistry. Post-retirement in 2012, he started providing guidance and counselling to people on several issues, specifically focusing on cooperative housing society-related matters. He has over 30 years of hands-on experience in all matters about housing societies and can provide out-of-box solutions for any practical issue.)
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