we are 4 bros. and had ajoint property in housing co-op society.
In 1975 our father expired and prepared will in 1974 that his immovable property will have all of us as beneficiery and the elder bros will act as executor as all others are minor in 1975.
Now the property was transfered to all bros. jointly as per the share certificate.In 1992 one of the brother has given away his rights and the gift deed was registered in 2008-09.
and same was accepted and transfered the property in 3names as per share certificate.
Now other one brother given away his rights in 2011 dec. and we have placed the documents for transfer ,
now the member of the commitee says that the property was transfered to nominee and we all are nominee members , so we have to give joint declaration about heirship and affidevit cum no objection cum declaration
Now after 37 years the society says that 1.you are nominee 2. why the declaration required as the procedure is completed till 1992 and there was no communication from society.
I told them that the will was given while 1st transfer was done and also ihave un registered will and also nomination was done by father previous his death.
Iargue that as will is there and nomination is there they should accept the transfer ee as member and not nominee.
They say that as per nominee rule interpretation the sec.35 formalities should be required to be done.
I want your guidens that shall i give the declarations and accept that we were nominee till date ? or what is the status we are in the title of the property?
