1. There's no need to obtain signature of your sister-in-law (brother' s wife) in the Relinquishment Deed to be executed by your brother in your favour. However, since it's inherited property, your brother' s children's signature, if available,will have to be taken in the deed.

2.  The best way to transfer your brother' s share to you will be through registered Relinquishment Deed. The narration in the Relinquishment Deed has to be legally binding giving no chance to anyone including your brother and/or his wife to challenge the registered Relinquishment Deed in your favour in court in future.

Wife has no share in husband property during his lifetime 

her signature is not necessary for sale of brother share in property 

sale deed is best option 

Sir, relinquishment deed is the way to go. The other two methods would cost you unnecessary hefty stamp duty.

Your sister in law dies not have any right in the ancestral property so you are not required to obtain her signature or consent for purchasing the share of your brother. In given circumstances, sale deed is the best option. 

• Sale Deed: If your brother is selling his share to you, a sale deed is the most straightforward approach. However, since this is inherited property, it's important to confirm if your brother’s wife has any claim, as some states require the spouse's consent even for inherited property. This depends on local property laws, so consult a local property lawyer to confirm if her signature is necessary.

• Gift Deed: If your brother is willing to transfer his share as a gift, this is another option, and it could bypass any potential claims by his wife if she has no legal interest in the property. However, the gift deed should be registered and notarized properly to prevent future disputes.

• Relinquishment Deed: This is often used among family members to transfer rights in joint property. Your brother can relinquish his share in your favor, but check if this will require his wife’s consent based on state-specific laws regarding inherited property.

• To Minimize Future Challenges:

  • Confirm with a lawyer whether your brother’s wife has any claim under your state’s inheritance laws.
  • Ensure the deed, whichever you choose, is registered officially to establish legal ownership clearly.
  • If required, include your brother's wife's signature to prevent any future claims.

• Sale Deed: If your brother is selling his share to you, a sale deed is the most straightforward approach. However, since this is inherited property, it's important to confirm if your brother’s wife has any claim, as some states require the spouse's consent even for inherited property. This depends on local property laws, so consult a local property lawyer to confirm if her signature is necessary.

• Gift Deed: If your brother is willing to transfer his share as a gift, this is another option, and it could bypass any potential claims by his wife if she has no legal interest in the property. However, the gift deed should be registered and notarized properly to prevent future disputes.

• Relinquishment Deed: This is often used among family members to transfer rights in joint property. Your brother can relinquish his share in your favor, but check if this will require his wife’s consent based on state-specific laws regarding inherited property.

• To Minimize Future Challenges:

  • Confirm with a lawyer whether your brother’s wife has any claim under your state’s inheritance laws.
  • Ensure the deed, whichever you choose, is registered officially to establish legal ownership clearly.
  • If required, include your brother's wife's signature to prevent any future claims.

Dear Client,

In the Present Scenario, you and your brother are joint owners of an inherited agricultural farm land of 4 acres in total. Your brother had agreed to sell his share to you as well. However, your brother's wife is neither living with him, nor divorced. Herein, firstly, with respect to her signature for registration of the property, usually, when the property is inherited and if your brother's spouse is still legally married to him, his spouse may have a claim for the same, and hence, her signature may be necessary so that she may not be able to challenge the same at a future date. Secondly, usually sale deed is considered as the common way of transferring property and involves a transaction wherein your brother receives a compensation for his share of property. Relinquishment deed is another method, which is used when one of the co-owners gives up their share without a consideration. Gift deed is another method, wherein, your brother may gift his share of property to you, without involving any monetary consideration. However, if your brother is willing to relinquish his rights to you, without involving any payment, relinquishment deed may be suggested, but if a compensation is involved, a sale deed with his wife's signature would be suggested.

Hope you find this answer beneficial for resolving the dispute.

The options before you are that you can have his undivided share of property transferred to you by executing a registered sale deed or a registered release deed with mention about passing of consideration amount.

- As per law, your brothers wife having no right to claim over that property during the life time of your brother. 

- Hence, her signature is not needed as confirmation 

- Since, this land came to you both after the demise of your father then he can release his share in your name after registering a Relinquishment deed in your favor to make you single owner of the property. 

Relinquishing deed or gift both are good ways only stamp duty needs to be seen which is less in any of the deeds