How to get 2 different share certicates for the same Flat ?
My father had bought a flat years ago under his younger brother's name and asked him to stay there after getting married . My uncle had allowed one more of his younger brother to stay along with him and then he asked him to leave the house, as he used to pick up fights unnecessarily and create a ruckus. Years back my uncle on whose name my father had bought a property , passed away as bachelor and hence the society transferred the flat on my grandmothers name , who in turn nominated my father to be the sole owner of the flat. Having said that, after her death as well , the youngest brother took hold of the property (physical possession ) and stated to the society that the flat belongs to him and his wife. The society, never transferred the flat under his name . Years later the old building went under redevelopment and both the parties , my father and the youngest brother mutually came to a conclusion and gave an underwriting to the developer that we have agreed to settle the matter outside court and you could go ahead and redevelop the building provided you split the entire carpet area and make 2 different flats for us . The builder in turn pulled his own tactic and only made one flat of 3BHK and handed over 2 different possession letters after years of struggling with the builder and the society , again we approached the court as he filed a case against us for holding the bigger portion of the flat ( 600 sq. feet ) and alloting him the smaller chunk ( 300 sq. feet ) . The court decided that , my father has been grateful to him , by still letting him keep the portion as the court came to know that they have been submitting false documents proving their ownership to the flat. The judged asked us to settle the matter and instructed my father to give him 3 Lakhs , as he was asking for money / more allotment of sq. feet. Hence, we decided to give him the money. Now, when we approached the society and told them the matter has been settled in court once again and transfer the ownership and share certificates under my father's name and his youngest brother, as its still under my grandmothers name , the society is not doing so. We told the society , as it is the entry of the flat is two different ones , treat the flat as two different one , issue two different share certificates ( One under my fathers name & one under his youngest brothers name ) and close the matter , to which they are not doing it. We want to sell off the property as soon as it gets under my fathers name and move on in life , but the society is not doing that , they say that it can only get transferred under my fathers name but we need to give him the N.O.C from his youngest brother , which the brother is not doing that , as he thinks that we might not do the needful , when we sell the flat and the society will not transfer the flat under his name either , as even the society is aware of his false ownership and his forced physical possession which he took years back ?
Kindly assist , what could be done to get this issue resolved from the societies end , as the society is not transferring the flat under two different names and not issuing two different share certificates either , stating that it's not legal ?