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Liabilities of joint holders : of gifted property

Mr. A and Mr. B jointly owned by gift deed of the undivided property. Mr. A residing there but Mr.B
permanently resides at some other place. Mr.B intends to sell off his undivided share to a third party. Mr.A neither has any means to purchase
Mr.B"s share nor willing to accept any unknown third party. Mr.A wants to retain the status quo
till his lifetime. whether(1) Mr.B can sell his share without consent from Mr.A (2) If Mr.A has any legal shield to protect the property as remaining since last more than 30 yrs.


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 2 Replies

Hetal N. Bhayani   24 March 2021

It all depends on statement made by doner and accepted by both donee. Injunction suit for status quo may be filed but until statements of gift deed are not available it cannot be possible to give opinion.

G.L.N. Prasad (Retired employee.)     25 March 2021

If the property is aleady divided in metes and bounds in terms of gift deed in individual names, there may not be a problem.   Contact a local advocate and issue a notice informing the intention and depending on the response, your advocate may guide you further in disposing of the property.


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