Prasanta Pal 18 February 2022
My grand father has gift his land to my father and 2 my uncle lateron without partition my father has gifted land to his son and daughter from his share .is it legally valid that without partion land share can be gifted if yes please mention that in this case partion can be settle after gift registration
Mayur Shrestha 18 February 2022
Dear querist,
1. Yes the said property in the case can be gifted (undivided share) without any prior intimation.
2. But depending upon the facts of the case the consent of other coparceners would be needed to gift the property to a particular member of the family in cases of Hindu Undivided families.
3. Thus, it all depends upon the mutual settlement between the contesting parties which should be in written format therefore the gift deed can be made before the transfer of the property.
Palak batra 18 February 2022
Dear Querist,
Yes, the property can be gifted without any partition of the land between the owners. Coparceners need to give consent to the gift deed.
Regards,
Palak
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