Can I purchase my portion to my real brother.
I am a government servant and live in Rampur (U.P.) in Paternal House and this house is in the name of my father. i have only one brother. In 1996 my father left his will in which he wish that after his death this property should be in the name of this children. and unfortunately he died on that year of 1996. After that this property could not be in the name of children means between me and my brother.
For the solution of this problem i submitted a petition no. 378/2010 in the court of Additional Civil Judge, Pravar Varg Rampur. In this regard as on 30/04/2011, The Additional Civil Judge Mr. Mumtaj Ali ordered that :
Both Children is declared owner jointly of joint house and also declared the separate owner for thier portions separately.
In this regards we prepared a agreement deed jointly in-which both agreed to declare our portion separately and on that day we did notary a map which indicates our both portion separately. After that we pass a MAP from RDA (local development authority). And Registered our portion in Nagar Palika. Both were pay our taxes for our portions also on regular basis.
My brother now wants to sold-out his property (his portion) and i want to purchase this portion.
Due to that reason i fulfilled all formalities from LIC Housing but now i am facing problem for this loan. Can you suggest that is there any problem in Indian Laws of purchase the portion of my brother's assets. If one brother can gifts his property or portion to his another brother than why can't purchase one brother the property or portion of his real brother.