• Sell undivided property between heirs

I have four brothers. Our parents have expired. We are now legal owners of a farm land which was bought by my father. All the farm land 7/12 records who we brother as owners. But property division has not happened yet legally. We keep using and occupying our part of the land. 
1. Can my brother sell his part of the land to me ? (without legal division)
2. Can my bother gift his part of the land to me ? (without legal division)
Does my brother need his family members (above 18 yrs) to sign the deal as well ?
Which of the above two options is legally easier ? 
Which of the above two options do NOT need consents from other brothers ? 
What is the process to be followed.
Everything MUST me done without doing proper legal division and bordering of the land.
Asked 1 year ago in Property Law from Baramati, Maharashtra
Religion: Hindu
1. Yes but his undivided 1/4th share only.
2. Yes, same as above
Gift is better option
In either case consent of brothers are not mandatory but you may take it,
Devajyoti Barman
Advocate, Kolkata
5198 Answers
54 Consultations
4.9 on 5.0
1) Section 7 of the Transfer of Property Act, 1882 provides that every person competent to contract i.e. a major and of sound mind or is not disqualified by law for contracting. Therefore even the interest of a co-owner or co-sharer can be sold, mortgaged, leased to another co-sharer or to a stranger. The fact that the partition has not taken place by metes and bounds , does not stand in the way of the interest of a co-owner.

2) brother can also execute gift deed of his share of land 

3) After the transfer, the transferee becomes the co-owner and gets all his rights. He also has the right to joint possession in property except a dwelling house.

4) each party has a right to demand and enforce a partition; 

5) the signature of other family members is not necessary for sale of share by co owner in favour of other co owners 
Ajay Sethi
Advocate, Mumbai
23237 Answers
1219 Consultations
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1. Your brother cannot sell the land unless it is partitioned.

2. He is free to gift his land to you.

3. The wife and children of your brother have no share in the property he inherited from his father. As a corollary thereto, he does not require their signatures.

4. All of you should first partition the land by executing a deed pf partition and only thereafter it should be gifted or sold.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
1. Can my brother sell his part of the land to me ? (without legal division)
Yes, he can sell his undivided share in the property by executing a registered sale deed in your favor.

2. Can my bother gift his part of the land to me ? (without legal division)
Yes, even without proper partition taking effect, he can execute a sale or registered gift deed in your favor or anyone's favor to the extent of his undivided share in the property.


Does my brother need his family members (above 18 yrs) to sign the deal as well ?
If the property is not ancestral in nature, he need not obtain consent from his  children or wards.



Which of the above two options is legally easier ? 
It depends, you may even go for a registered release deed relinquishing his rights of share in the property, see which ever requires less stamp duty as per your state stamp duty act is concerned.

Which of the above two options do NOT need consents from other brothers ? 
What is the process to be followed.
Everything MUST me done without doing proper legal division and bordering of the land.
T Kalaiselvan
Advocate, Vellore
14008 Answers
127 Consultations
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