[Resolved]  Housing Society — Society Refusing to transfer Share Certificate in my single name

Address:

Thane, Maharashtra

I had purchase a Flat in Shankeshwar Nagar Co-Op Hsg Society from the Builder in the names of "Sanjay Sanghani"(Being the first holder) and "Chetan Shah"(Being the second holder and my brother-in-law), in May 2003. Subsequently, the name of Chetan Shah was deleted from the Agreement in Aug 2003 and the agreement was duly registered after paying necessary stamp duty and registration charges. However, when the society was formed, the builder had provided the old agreement with both names to the society and the share certificate was prepared by the society accordingly. Now, the society refuses to transfer the share certificate in my single name though copies of both the agreements are available with me. According to the secretary, a letter is required from Mr Chetan Shah for removal of his name from the share certificate. I do not know where Mr Chetan Shah is currently as I have not met him since the last 5 years. I have requested the society to transfer the share certificate in my single name, since I intend to sell the flat, which they refuse to do so.

Please suggest:

1) What is the action that can be taken for transfer of share certificate
2) Can I sell the flat without the society transferring the share certificate in my single name.