transfer of Joint Ownership

Mihir (Querist) 23 April 2010 This query is : Resolved
A property is in the name of Father and Two Brothers A & B . father has paid all the considerations and in agreement all three names are there. Now the father wants to transfer the property to only one son say Mr A. He can gift his share to the to Mr. A by making a gift deed. Does the second brother Mr. B also has to gift his share to mr. A...i.e. whether he is required to make agreememnt or deed so that he will not have any righs over the property...can he also make a gift deed and transfer his rights to brother?

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Devajyoti Barman (Expert) 24 April 2010
Since the property is purchased in three joint names the the father can transfer only one third of his undivided share without other two persons. If other then two persons are ready they can also join.