Dear Sir,

I need your legal advise on the following:

My mother got a portion of ancestral land on partition. Earlier it was my Grandma’s property. After the partition, my mother got 100 cents from it. As per Hindu act we, my mother, my two elder brothers & my sister will have equal rights on the said land. Accordingly, we all are supposed to get 20 cents each. As of now, we have not partitioned this land and we do not want to.

Now, presently one of my brothers would like to sell 14 cents out of his 20cents share & this (in-house transfer) will be taken by me. Please note that this land is not partitioned yet.

My brother (who will be selling his forthcoming share) told me that he will make a declaration statement saying that

“he will sell his 14 cents out of his 20 cents share to me from the ancestral property” & will sign & register the document.

Is this legally valid? Since, all the 5 people have rights in this land, is it legal to take signature of only one person and register the document, especially when the land is not partitioned?

Please note that this transfer is with the knowledge of my mother, two brothers & sister. Also, my brother (who will be selling his forthcoming share) have a wife and one kid (minor).

I want to legalise this transaction & should not leave any hole so that no one can raise this matter to court in future.

Awaiting your advise in this regard.