Raju Desai (engineer) 09 August 2013

Brother purchase property money paid by father

Hi all,

Me and my brother are heir to my father.

My elder brother who is 35 aged married staying separately is buying site on his name. For this site my father is paying ALL the amount in cash to the seller. No single paise is paid by my brother.

My father is writing an notorised aggrement in which my brother aggree to leave his share in house & farm land to me, which my father own heridatory property came from grandfather (farm land) & fathers own property(house), since father is purchasing him site. This aggreement will be notorised but not registered.

Will this aggreement hold good when time comes for partition ?

Also tell us best way to aviod conflicts in future ?

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2 Replies

A.SUMATHY 9380902017 (LAWYER) 09 August 2013

Get the settlement deed from your father. without registerd settlement transaction not valid.

It is possible get the witness signature from your brother. Otherwise wise that notary.

Advocate Vishnu (Advocate) 10 August 2013

Raju Desai,

You must get a registered release deed from your brother which clearly mentions that he is giving up all his rights on the ancestral property . ( Any unregistered settlement / release deed carries no value in a court of law).It would be better if you mention the amount being paid by your father and the descripttion of the property which your father is buying on behalf of your brother ( This will help you in case of future litigation). You must then make a registered agreement deed/partitoin between your father and yourself with clear details as to how the property will be partitioned.