Gift deed validity on undivided land
Anil Kumar
(Querist) 13 September 2013
This query is : Resolved
Hi,
We are having land dispute with my fathers brother on land which is owned/partnership by three persons - my fathers brother is one of them. 1 Acre land - my fathers brother is having 33% undivided share(1600 Sq Yards).
Recently as out of court settlement my fathers brother has done gift deed for 800 Sq Yards to my father
As land is not divided individually among three partners is this Gift deed valid.
Dr. Jyothi Vishwanath
(Expert) 13 September 2013
If the dimensions of the land gifted is clearly provided in the gift deed, then it is valid.
What document the father's brother have to show that he has 1/3 interest in the land??
Kindly specify if there is any partnership deed.
Dr. Jyothi Vishwanath
(Expert) 13 September 2013
If the dimensions of the land gifted is clearly provided in the gift deed, then it is valid.
What document the father's brother have to show that he has 1/3 interest in the land??
Kindly specify if there is any partnership deed.
DILIP KUMAR AAGARWAL
(Expert) 13 September 2013
if land is jointly purchased by all three as you have mentioned. You fathers brother has undivided share in land then your fathers brother can made gift upto his undivided share of land. one should understand the what does undivided share mean and act accordingly.
Rajendra K Goyal
(Expert) 14 September 2013
He ca gift a portion of his undivided share.
