Advertising intention of gifting

As per your query it is understood that you need information regarding the share of undivided immovable property to the third party.

Supreme Court in Gautam Paul v. Debi Rani Paul,(2000) 8 SCC 330 has held that there is no law which provides that co-sharer must sell/ her share to another co-sharer. Thus, strangers/ outsiders can purchase shares even in a dwelling house.

Sale of undivided interest in property can take place without a compulsory decree from appropriate Court by way of “mutual settlement”. In Ramdas vs. Sitabai and Ors., MANU/SC/0910/2009Court laid down, that" There could be no dispute with regard to the fact that an undivided share of co-sharer may be a subject matter of sale, but possession cannot be handed over to the vendee unless the property is partitioned by metes and bounds amicably and through mutual settlement or by a decree of the Court."

Thus, following are the requisites for carrying out sale of undivided interest to third party, in Immovable property, where sale is by mutual consent:

1. No Objection Certificate from the co-owners with respect to transfer of ownership i.e. title and possession.

2. Division /arrangement by metes and bounds, reached out amongst the co-owners.

In the absence of division by metes and bounds no undivided interest can be given in possession to the stranger unless there is a decree of partition, or there is an arrangement already reached amongst the parties and which divides property by metes and bounds.

For gifting your share you first need to get the your share by partition and then you can gift it to someone.

Hope it helps!

Regards,

Anusha Singh