Gifting unpartitioned joint-share to married daughter

Joint owners of self acquired property 

did they acquire the property jointly? are they friends or relatives?

Joint owners of self acquired property 

did they acquire the property jointly? are they friends or relatives?

Hello kavksatyanarayana

Sir they are real brothers and the property was acquired jointly.

Mr Gaurav,

 In short and concise "yes They can gift their share undivided one and the determination of the share either can be done mutually before/ after the gift as you and other party wish or through court, and in case the property is having charecteristics that it can not be partitioned a commissioner will be appointed to assess the market rate and the concerned parties be given first choice to compensate the other for his part by paying consideration money to other Or id it can not be settled in this way also The court will ordet for the auction of the property on market rates and then divide the proceeds anoth the owners after deducting charges for the auction proceedings. Here it is important to note that all the parties concerned also can participate in this auction proceedings by court as an individual participents as bidder.

I hope I have give you a clear pucture of the pros and cons of your case up to the satisfactory level and cleared many of the aspects which are even not asked by you ,however I thought to make you clear on those too.

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Anand Bali, Adv.
(B.Com., M.A., LL.B., M.B.A.)
Supreme Court of India

Thank you Anand Bali Sir for the reply.

With the above conditions intact (in my 2 posts above) can B sell his share to a 3rd party without the consent/NOC of A? I have heard that cannot be done. Please inform.

Yes Dear Sir as A and B are holding their rights independentlyand if there is no such clause in the Sale-purchase deed on which basis they have got purchsed their joint undivided property they can sell out their share independently without any consent of the other party.

@Anand Bali Adv

They are holding the rights jointly. Will that be considered "independent"?