I am from tamilnadu My father ' land is not yet partitioned which his one brothers and sister(today experienced brothers- 2,elder sister - 1) is not ready to partitioned. But one brother is ready to sell there share of land to my father. So we planning to buy that part of land by settlement deed. Is that good to buy only that partitioned of land with out Other brother and sister sign? If my father brought from one of brother we will get document pattiram, patta, bank loans, house loans elligable?
If u will buy the property it would not be the part of the share anymore. It will be ur property. And no one has the right over the property except the person to whom name the property is being transferred.
Neither the person selling his share would have any right in the rest of property soo go ahead and first find out his share of property and then make the purchase.
Under section 44 of transfer of property act co owner can sell his share without consent of other co owners
2) your father can then file suit for partition for division of land by metes and bounds
It if not necessary that other brother and sister sign the sale deed
2) your father would be eligible to obtain bank loan against said property
First of Land should be partitioned with meets and boundaries among all. If any brother or sisters not coming forward your father can file suit for partition before concerned court and after getting partition only you have to purchase the land form your father's brother as otherwise you cannot get clear title over said land. Settlement Deed before partition is not advisable, because we don't know how much share and which part of land your father's brother who intend to sell property to you. It is good, if, all other brothers and sisters willing to sign on settlement deed. Ir is possible if all brothers and sisters willing settle their respective shares. Consent of one of brother won't effect unless until the property was partitioned with boundaries.
Thanks.. I need one more clarification. Land has been partitioned among my father and his two elders brothers. Elder sister of my father told that she doesnt need land share. But there is no documented proof for this. So we have partitioned boundaries among my father and two elder brothers alone. So we are planning to buy land share of one of elder brother which is nearby to our land by settlement deed. Will it be an issue for our buying without partition and sign of sister? And also another elder brother is not ready to sign.
Elder sister shoukd execute relinquishment deed to relinquish her share in property
2) mere oral statement that she does not want any share is not sufficient
3) don't purchase brother share unless sister signs relinquishment or gift deed
4) the reason being she can always file suit for partition and claim her share in property
If land already partitioned than no need of signature of your fathers elder brother, but better to obtain no objection from your father's sister at least signature as a witness
I would like to make property papers in ur case if u wish to.
There is no need for other elder brother. U have to take sign of the elder brother to whom u r purchasing his share of property. I m again mentioning u is buy the property only and only if there is proper partition.
If u like my reply can u pls rate me accordingly.
Rgds
1. He is free to sell his share in the land, but the trouble arises as to the identification of the undivided property. In an undivided property it is not possible, in the absence of a positive agreement among the co-owners, to identify the specific share of any single co-owner. Therefore, the transfer of title in an undivided property is fraught with ambiguity as to the portion of the property which is sold to the buyer. So it is desirable to either partition the property before sale or the buyer should file for partition after the sale deed in his favour is executed.
2. Unless the sister of your father has executed a relinquishment deed her share is intact, as a corollary thereto her signature is inevitably required on the sale deed.
