Purchase 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.

Answers (1)

486 votes
It is absolutely essential to get the consent of your friend??s brother to purchase the land. The land as it stands today is an undivided property which both brothers share equally. Your friend??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 friend??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.

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