Can a reliquenshment deed be made in place of release deed

The society is right in instructing you to first get the property transferred on all your names and then you can decide about transferring your shares to chosen sibling either by a family settlement deed or gift deed or by executing a registered release deed relinquishing your rights in the property.

You can take the assistance of a local lawyer and proceed as suggested 

What should be done to first transfer the property on 4 brothers name?

Society do not have any power to transfer title of the intestate properties inherited.

You are required to approach concerned authority / court through a local prudent lawyer. 

How has the mother acquired title to the property?

How has she transferred the property to the sons?

Originally posted by : P. Venu
	How has the mother acquired title to the property? How has she transferred the property to the sons?

Purchased property back in 1981.

Has only made nomination form and given in Society office. Approached society management for NOC to prepare FSA agreement so was informed first have get to transfer done in 4 nominees name and then do any other work 

Transfer of title (Owership) cannot be effected by submission of nomination in society office, which is meant to transfer membership of the society.

The narration of the case is very confusing and with due respect I say "how the learned lawyers are giving opinions and advice?"

Is the property a flat in a co-operative housing society? In which State is the society? Is it in Maharashtra?  Who was the original owner of the flat? How did the mother acquire rights on the flat? Did she inherit it from her husband through a Will or otherwise? If she was sole member of the society with respect to the flat what kind of documents had she made to transfer the rights to her 4 sons in the manner as stated here. Had she executed a "will", or had she filed nomination with the society or was there a family settlement? If two of the brothers do not want any rights they have to execute only relinquishment deeds. It will involve only nominal stamp duty. There are Bombay High Court judgments in this regard.  Section 30 of the Maharashtra Co-operative Societies Act, 1960 deals with the transfer of interest in the Capital and Property of the society. A society's interest is only with regard to the liabilities of a member to the society. The ownership will have to be decided if there  are claimants or there is a dispute. Also when a property is to be alienated, the buyer may demand proof of ownership of the seller. The share certificate of co-operative society gives the names of all members if there are joint members. It does not give the proportion in which shares are held by each of the joint members. I am stating this with my experience in managing a co-operative housing society for the past 30 years.

What's the status of society here , society doesn't hold the right to transfer property to the legal heirs, what was the mechanism used by mother to allocate the shares to the sons, was that her self made property or inherited from the husband. If that was her self made asset then only she can make the conveyance as per her will this is one aspect other if you want make new arrangement in regard to property you have to first follow the will of your mother then only you brother get the title once you have the title you can create a relinquishment deed to leave your share for other brothers occupation and control, in what ratio the two left brother want to possess is between them to decide or you could even make a conditional relinquishment deed defining how much each brother will own , based on the final share decided the society will give the membership and make a charge in same ratio for different services provided in the appartment