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How to buy ancestral property wiling to give share to brother as well


14-Feb-2023 (In Property Law)
We are two brothers. Both of us have purchased house in different cities and our ancestors house is locked. My younger brother is willing to do away his share in property for an amount mutually agreeable. I'm willing to buy that and want to keep ancestral property intact. How to get this legalise and claim full ownership rights. We both are not willing for a sale deed/registry sort of thing. Pl advise what's the simplest legal way to go about it.
Answers (2)

Answer #1
945 votes
You need to file a declaratory suit in which your brother can provide his statement on affidavit that he is willing to do away with his share in the property. This way by the declaratory suit you can legalise the ownership.
Answer #2
637 votes
With the mutual consent u will buy your younger brothers share. It is legal and there is a provision in transfer of property act . After the registered relinquishment deed by your younger brother in favour of u, you will file a declaration suit and decide in almost one year.

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