One Mr X had purchased a flat in our society in the year 1959 after his demise in 1978 the flat was to be transferred to his younger son who was the first nominee in the register of the society. However the younger son by way of indemnity bond given to the society, requested the flat to be transferred to the elder son who was the second nominee. Accordingly in 1979 the flat was transferred to the elder son. Mr X also has three daughters who had not made any claim after their father’s demise for the said property.
In May 2011 the elder son who is a bachelor, has gifted his share in the said flat to his younger brother, who is also the nominee in the society register.
I wish to know if the flat can be transferred to the current nominee i.e. the younger brother? Who is now holding 2/5th share in the flat, without obtaining NOC from the sisters. If the flat cannot be transferred to the current nominee then can the younger son continue to pay society bills irrespective of the flat not being transferred to his name. Please let me know what needs to be done in such case. Who will pay the society bills henceforth as the younger brother is now holding 2/5th share as per the gift deed and the older brother is no longer holding any share in the said flat.
I may mention here that the gift deeds clearly states that all 5 siblings have equal share in the flat should the sisters take legal recourse in future to claim their stake in the flat. As of fnow they have not make any legal claim however in re a few years back they wanted the flat to be sold and they be paid their share however since the flat is occupied by the brothers it cannot be sold.
