By Arosh John – Founder, John Real Estate (MahaRERA Reg. No. A51700001835) & Editor-in-Chief, Thane Real Estate News (TREN)
Thane–MMR | December 2025
Introduction
Lost your housing society share certificate and now worried about resale, loan, or redevelopment?
You are not alone. Many flat owners in Maharashtra misplace this document at some point. The good news is that the law allows you to obtain a duplicate share certificate, provided you follow the correct process.
This guide explains, step by step, what to do when you have lost your housing society share certificate in Maharashtra, and how to ensure it does not become a problem in future transactions.
Why the Housing Society Share Certificate Is Important
In a co-operative housing society in Maharashtra, the share certificate is more than just a piece of paper. It is the society’s formal recognition that:
- You are a member of the co-operative housing society, and
- A specific number of shares in the society are linked to your flat.
You will usually need the original share certificate for:
- Selling the flat or transferring it to someone else
- Adding a joint holder or transferring it to the legal heirs
- Taking a home loan or a loan against property
- Proving membership for redevelopment, voting and other society rights
However, your ownership of the flat mainly comes from:
- Your registered agreement/sale deed, and
- The Index II/registration record
So, if you have lost your housing society share certificate, you do not lose ownership. But you do need to regularise the loss by obtaining a duplicate share certificate.
Legal Basis for a Duplicate Share Certificate in Maharashtra
The process for a duplicate share certificate is based on:
- The Maharashtra Co-operative Societies Act, 1960, and
- The Model Bye-Laws of Co-operative Housing Societies (Flat-Owners Type, 2014)
Key points from the Model Bye-Laws:
- The society must issue a share certificate showing:
- Your name (and joint holders, if any)
- Number and distinctive numbers of shares
- Society’s seal
- Signatures of the Chairman, Secretary and one authorized committee member
- Model Bye-Law 9(b) says that the committee shall issue a duplicate share certificate, “so marked”, if:
- The original share certificate is lost, and
- You submit an application, a police complaint and an affidavit
- If the share certificate is soiled, burnt, torn or disfigured, the committee can issue a duplicate against:
- An affidavit, and
- Surrender of the damaged original
- Bye-Law 10 says that even a duplicate share certificate must:
- Bear the seal of the society, and
- Be signed by the Chairman, Secretary and one authorized committee member
In simple terms, if you have genuinely lost your share certificate in Maharashtra, the society is permitted and expected to issue a duplicate share certificate after completing the required checks.
Common Ways Owners Lose Their Share Certificate
Most people lose their housing society share certificate in very ordinary ways:
- During the shifting of homes or cleaning old files
- After leaving it with a broker, CA or a lawyer and forgetting to collect it
- Due to fire, flood, termites, dampness or other damage at home
- Because of confusion between builder papers, society papers and personal files
If you were the last person in possession of the share certificate and it cannot be found despite genuine efforts, it is treated as a member’s loss, and the duplicate process applies.
Note: If the certificate was deposited with a bank or housing finance company and they cannot return it, that becomes a bank-lost situation. The process and liabilities are slightly different in that case.
Step-by-Step Process When You Have Lost the Share Certificate
Step 1 – Confirm That It Is Really Lost
Before you start the official process, take one last serious look:
- Check all cupboards, files, drawers and storage boxes
- Check any bank lockers you use
- Confirm that it is not lying with a broker, lawyer or CA
- Confirm that it was never deposited with a bank or HFC for a loan
Once you are genuinely sure that you last had it and it is not traceable, treat it as lost and move to the next step.
Step 2 – Lodge a Police Complaint / NC
For a lost housing society share certificate, the Model Bye-Laws require a police complaint to be filed.
Visit your local police station and file an NC (Non-Cognizable complaint) or an FIR, depending on their process.
Clearly mention:
- Your full name and address
- Flat number, building/wing and society name
- That the original share certificate issued by the society has been lost/misplaced
- When and how you realized it was missing (for example: while preparing documents for a loan or sale)
- That the certificate has not been pledged, sold or handed over to any third party
Take an acknowledged copy of the complaint. The society will usually insist on this as proof of loss.
Step 3 – Prepare an Affidavit and Indemnity Bond
Along with the police complaint, you must also provide an affidavit regarding the lost share certificate.
In real-world practice across Maharashtra, the standard procedure is to insist on an Indemnity Bond in addition to the affidavit. Societies are risk-averse and rarely issue a duplicate share certificate without it.
- The affidavit explains how the loss happened and confirms you have not misused the certificate.
- The indemnity bond legally protects society and its office-bearers if someone later misuses the original certificate or claims rights based on it.
Your affidavit/indemnity will typically state that:
- You are a member of the society and the owner of Flat No. ___
- The society had issued a share certificate No. ___ for ___ shares (if known)
- The original share certificate has been lost/misplaced despite a diligent search
- You have not sold, mortgaged, gifted or created any third-party rights using the original certificate
- You agree to indemnify the society and its office-bearers against any future claim arising from the lost original
Some practical points:
- The affidavit and indemnity bond are made on non-judicial stamp paper of the value commonly used in your area
- A Notary Public notarises them
- Some societies combine both into one Affidavit-cum-Indemnity Bond; others keep them separate. Both are acceptable.
Step 4 – Apply in Writing to the Society for a Duplicate
Now you formally request the duplicate share certificate.
Write an application to the Secretary / Managing Committee asking for the issue of a duplicate share certificate in place of the original lost one.
Attach:
- Copy of the police complaint (NC / FIR)
- Original Affidavit / Affidavit-cum-Indemnity Bond
- Self-attested PAN, Aadhaar and address proof
- Copy of your registered agreement/sale deed and Index II
- Latest maintenance bill and payment receipt
Give the application to the society office and obtain an acknowledgement on a photocopy, dated and signed. This becomes your proof that the application was submitted.
Step 5 – Public Notice in a Newspaper
The Model Bye-Laws do not specifically say that a public notice is compulsory.
However, in Mumbai–Thane and most of urban Maharashtra, societies treat a public notice in a newspaper as standard best practice before issuing a duplicate share certificate.
Why?
- It creates a public record that the original share certificate is reported lost.
- It gives any person with a claim or objection a chance to come forward.
- It protects the Hon. Secretary and the Managing Committee from future allegations of collusion if it later turns out that the original certificate was mortgaged or misused.
Typically, the society or its legal advisor will draft the notice, and you will:
- Publish it in a widely circulated local newspaper (English or regional language)
- Mention:
- Your name
- Flat number and society name
- That the original share certificate is reported lost
- That you have applied for a duplicate share certificate
- That objections, if any, should be sent to the society within 14–15 days
Usually, the member pays the newspaper advertisement charges. Keep a copy of the published notice and the bill on file.
Step 6 – Committee Verification, Resolution and Time Frame
After your application, affidavit, indemnity and public notice (if issued) are in place, the Managing Committee will process your request.
The committee will:
- Check your membership details and the share register
- Confirm that there is no transfer, lien or dispute recorded against the flat and shares
- Review your documents (police complaint, affidavit/indemnity, public notice)
If all is in order, the committee passes a formal resolution stating that:
- The original share certificate of Flat No. ___ has been reported lost
- Proper procedure has been followed
- The society will issue a duplicate share certificate, “so marked” in your name
How long should this take?
Under the Model Bye-Laws, the managing committee is expected to dispose of applications within three months of their receipt (except for specific cases, such as subletting, which have a one-month limit).
In normal circumstances, your duplicate share certificate request should be decided within three months.
Once the decision is taken, the Secretary should communicate the outcome to you, and if there is any rejection, it should be with reasons.
Step 7 – Issuance of the Duplicate Share Certificate
Once the resolution is passed, the society prepares and issues the duplicate share certificate.
A valid duplicate share certificate must:
- Be in the same format as the original share certificate
- Clearly bear the society’s seal
- Be signed by the Chairman, Secretary and one authorized committee member
- Be clearly endorsed with a line such as:
“Duplicate share certificate issued instead of the original lost, as per the Managing Committee Resolution No. ___ dated ___.”
At the same time, the society must update its share register to show:
- That the original share certificate was reported lost
- That a duplicate share certificate has been issued
- The resolution number and date
After this, the duplicate share certificate becomes your official, valid certificate for all future purposes.
Special Case: When the Share Certificate Is Damaged, Not Lost
Sometimes the share certificate is not lost, but damaged – for example:
- Torn or badly creased
- Water-damaged
- Burnt at the corners
- Printing faded and unreadable
In such cases:
- You still submit an affidavit explaining how the damage occurred.
- You surrender the damaged original to society.
- The committee passes a resolution and issues a duplicate share certificate, while cancelling or stamping the old one as “cancelled due to issue of duplicate”.
A police complaint is usually not required when the original is present but damaged.
How to Protect Future Sales or Loan Deals
Once you have received the duplicate share certificate, it is wise to organize your paperwork with future transactions in mind.
Create a “Duplicate Share Certificate File” that includes:
- Copy of your application to the society
- Police complaint / NC (for loss)
- Affidavit and Indemnity Bond (or Affidavit-cum-Indemnity)
- Copy of the public notice and newspaper bill (if issued)
- Copy of the Managing Committee resolution or society letter confirming the duplicate
- A scanned copy (front and back) of the duplicate share certificate
Also, request a short letter from the society on its letterhead stating that:
- The original share certificate of Flat No. ___ was reported lost/damaged
- The member completed the required procedure
- A duplicate share certificate bearing No. ___ was issued on ___ as per Resolution No. ___
When you sell the flat or apply for a loan in future, you can:
- Disclose in the agreement/declaration that the current share certificate is a duplicate issued on a specific date
- Attach the society letter and key documents as annexures
This transparency builds confidence among buyers, banks, and lawyers and avoids last-minute objections.
Practical Tips and Mistakes to Avoid
- Do not ignore a lost housing society share certificate; start the process as soon as you realize it is missing.
- Do not rely only on photocopies or scans; banks and buyers almost always ask for the original or a proper duplicate.
- Do not change your story about how it was lost; be consistent and truthful in your complaint and affidavit.
- Always keep digital scans of essential documents in secure cloud storage.
- Before any sale, loan or redevelopment, review your document file and ensure your share certificate, society records and title documents are all in order.
About the Author
Arosh John is the Founder of John Real Estate (MahaRERA Reg. No. A51700001835) and Editor-in-Chief of Thane Real Estate News (TREN), a digital platform focused on factual, regulation-aligned coverage of the Mumbai Metropolitan Region’s real estate market. Based in Thane since 2014, he is widely recognised for his on-ground expertise in Thane villas and premium weekend homes, high-value resale transactions and NRI-focused real estate advisory, helping non-resident Indians buy, sell and regularise property across Thane and Mumbai with proper documentation, tax and compliance support. Through TREN, he combines his villa and resale practice with research-driven reporting to simplify complex housing society, legal and regulatory topics for homebuyers, investors and NRIs looking for credible, Thane-centric real estate guidance.
Disclaimer
This article is a general, good-faith guide based on the Maharashtra Co-operative Societies Act, 1960, the Model Bye-Laws of Co-operative Housing Societies (New Flat-Owners Type, 2014), and the standard practices followed by co-operative housing societies, consultants, and legal professionals across Maharashtra as of December 2025.
It is not a substitute for specific legal advice. Individual society bylaws, internal policies and facts can vary. For high-value transactions, disputes, redevelopment, or any complex situation, you should consult a qualified lawyer or a co-operative housing society law specialist before taking action.
