This query is : Resolved 

Querist : Anonymous (Querist)
09 April 2020

I have share on my father's property who deceased 25 year ago?This property not divided yet.can i give my share to my wife before partition? Because I have liability to her.she is not co owner of said can I register my share on her name without partition?

09 April 2020

Dear Sir,
Yes, undivided share can be bequeathed or gifted but the receiver may have to face some troubles.
The word "Mushaa" is derived from the Persian word "Shuyuu", which signifies "confusion". When undivided shares are gifted and it is not possible to ascertain the extent of the property that passed on to the donee if was said that it would be hit by "Mushaa". But this defect will not affect the gift when the donor has parted with his entire right, title and interest, even though in a undivided share.

P. Venu (Expert)
09 April 2020

Yes, you can make gift or otherwise transfer and can bequeath the undivided share. But the wiser course would be seek partition and then effect the transfer ot provide for the bequeath.

Rajendra K Goyal (Expert)
09 April 2020

It is better to get the property partitioned and you can give your share full / part through gift, will, sale to your wife.

Otherwise also you can gift / sell/ bequeath your share in the property.

N. Sivaprakash, Chennai 984099 (Expert)
09 April 2020

Yes you can execute a document in favour of your wife regarding your undivided share. Taking possession and making use of the document will be difficult unless the same is executed mentioning the property with boundaries. So, get the property partitioned and then execute a document in favour of your wife.

kavksatyanarayana (Expert)
09 April 2020

You can give Gift to your wife for your share from the un-divided property. But it is better to do it after partition of the properties.

Raj Kumar Makkad (Expert)
09 April 2020

Yes is the sole answer to your query.

Akshay (Expert)
09 April 2020

Thank you for your question
According to me you should ask for the partition first, after partition you will get your share that is a separate share which you can transfer it to anyone.
Hope this will help you
Best regards,
Akshay Gupta

Rajendra K Goyal (Expert)
10 April 2020

If you gift your undivided share, she can proceed to get it partitioned.

T. Kalaiselvan, Advocate (Expert)
10 April 2020

I agree with the views of all the experts who have answered your query before me here.
there is no illegality or legal infirmity to transfer your undivided share out of your deceased father's property to your wife or any person of your choice by executing a registered gift deed or by a Will.
However the beneficiary may find practical difficulties to acquire her share if the other shareholders do not agree for an amicable partition.
Then she may have to approach court with a suit for partition, seeking division of proeprty properly by metes and bounds with good and bad soil and separate possession of her legitimate share in the property.
This may take many years to get disposed.
So to avoid litigation in future, it would be better that you get share in the property by proper partition so that you can conveniently and comfortably transfer your share to her by whichever mode you may desire and decide.
Decision is yours..

Dr J C Vashista (Expert)
14 April 2020

I endorse experts opinion and advise, get the property partitioned and get a "Gift Deed" executed and registered.

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