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Pushkar (DR)     06 April 2012

Gift deed of own share in joint ancestral property

Hi,

 

Can a person gift his/her share in joint ancestral property.



Learning

 6 Replies

Syed Anwer Shah (Gazzetted Officer)     06 April 2012

after partition his/her property, he/she can donated as gift

sridhar pasumarthy (ADVOCATE)     06 April 2012

A coparcener can gift his share to another coparcener.

If he wants to gift the same to an outsider, he requires the consent of all the other coparceners eles it is void.

Pushkar (DR)     06 April 2012

I was actually a co sharer in an expanse of land. We brothers had mutually verbally partitioned the land. I even built a boundary wall in my share and then executed a gift deed in my son's favour. Now my brother has challenged it in court. Is the deed valid??

sridhar pasumarthy (ADVOCATE)     06 April 2012

It is not easy to prove oral partition.  Unless partition is proved, gift deed for a specified extent to your son is not valid.  

Pushkar (DR)     07 April 2012

Actually the brother who has challenged it, himself built a house in a part of the same land 15 years ago, and in that all the co parceners approval was taken. Is that enough to prove that partition had taken place 15 years back for the said land.

pradip kumar prasad (accountant)     18 May 2013

dear freind

 There ere many decision on oral partition is valid in Apex court of india, but the oral partition is not 

fit and authenticate in eye of law. if you have any proof regarding the specified plot of land that is your

own according to oral partition is absulately valid


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