Hello,

Thank you posting your question.

It is absolutely essential to get the consent of A’s brother to purchase the land. The land as it stands today is an undivided property which A and A’s brother share equally. And as per the law of inheritance, A’s brother has equal share, i.e. 3 acres in the entire land. And till the time the land is divided by a competent court, or by a mutual consent, even a 3 acre potion cannot be purchased from A without trouble. Since as of today, it is not decided that out of the 6 acres which 3 acres belong to A and which belong to A’s brother. In order to purchase the entire 6 acres, you will need a release deed signed from A’s brother releasing his undivided share in the property in favour of A. Without the above release deed, A’s brother can raise a dispute even if you pay the entire consideration.

In case of dispute, to divide the share between A and A’s brother, a partition suit has to be filed before the competent court.

Regards,
Nishant