quesPurchase of undivided land from friend & his brother

A 4 acre land was registered under my friend's father's name. His father expired 2 years back and left no WILL. My friend has another brother. My friend and his brother entered into an equal property share a year and a half back. They entered their shares in their Pattadar passbooks. They never registered the documents under their names. It is still under the father's name only. They only have Pattadar passbooks.

Now my friend's brother is causing trouble demanding for more percentage of the land. We are planning to purchase this land from my friend. To purchase this land, do we need both my friend and his brother's signature. His brother is not willing to sign. Only my friend and his family are ready to sign the papers.

  • ansIt is absolutely essential to get the consent of your friendâ??s brother to purchase the land. The land as it stands today is an undivided property which both brothers share equally. Your friendâ??s brother has an equal share, i.e. 2 acres in the entire land. And till the time the land is divided by a competent court, or by a mutual consent, even a 2 acre potion cannot be purchased from his brother without trouble.

    In order to purchase the entire 4 acres, you will need a release deed signed from your friendâ??s brother releasing his undivided share in the property in favor of your friend. Without the above release deed, the brother can raise a dispute even if you pay the entire consideration. In case of dispute, to divide the share between both the brothers, a partition suit has to be filed before the competent court.

  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Property Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
Consult best Property lawyers in India

Property Lawyers

Advocate Jaspreet Singh Rai

  Greater Kailash 1
 Experience: 13 years

Advocate Arjun Vinod Bobde

  Supreme Court of India
 Experience: 13 years

Advocate Sudershani Ray

  Kailash Hills
 Experience: 9 years

Advocate Harish Malhotra

  District Court
 Experience: 18 years

View all >>

How it Works

Know how LawRato makes legal easier and effortless

Ask a Free Question

Post a question and get free advice from multiple lawyers

Talk to a Lawyer

Easily find and book private consults with top lawyers in India

Get Fee Estimate

Receive multiple quotations for your legal requirement instantly