Donate'/gift share of undivided immovable property

shyam lal (Querist) 19 August 2023 This query is : Resolved
The immovable proprty has been divided by percentage basis but not physically demarcated .there by no share holder is able to sell/ give possesion to a third party..situation is out of frustration one of the share holders wants to donate/gift /charity.. his share to a temple/ngo..Query legally is it permissible?

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If you own an undivided share of immovable property, you can legally gift or donate this share to a third party, such as a temple or NGO, by executing a registered deed. The recipient can then initiate legal proceedings to have the property partitioned and their specific share demarcated.

T. Kalaiselvan, Advocate (Expert) 20 August 2023
The person desirous of transferring his/her undivided share in the property can do so by executing a registered deed without mentioning the demarcation, there is no legal infirmity in it. The beneficiary can then file a suit for partition and can get his/her share demarcated as per procedures of law

Advocate Bhartesh goyal (Expert) 20 August 2023
Yes, shareholder can transfer his share in property by registered gift deed to anyone as per his wish and later on donee can get partitioned the property through court and get his possession of his share in property.

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