Gift of immovable property

Querist : Anonymous (Querist) 02 March 2021 This query is : Resolved
My mothers' sister inherited an immovable property(apartment/flat) through will from her another sister. The will is now probated. She wants to gift this property partly to one of her son and and another part to her one nephew. It is an apartment with single entrance and cannot be divided. How to do the transaction? She does not want to sell the property.

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A woman has inherited a flat via a probated will and wishes to gift portions of it to her son and nephew. Since the flat has a single entrance and cannot be physically divided, direct gifting of separate parts isn't straightforward. The beneficiaries will need to agree on how to share the property, such as selling it and splitting the proceeds, living in it jointly, or seeking a court's decision through a partition suit if an agreement cannot be reached.

K Rajasekharan (Expert) 02 March 2021
When two recipients get a single flat with a single entrance as their common property those recipients have to decide in what manner they can share the property between them.

They can sell the property and take half the share each; they can live there together; or they can file a partition suit in the court and do what the court decides, if they have no plan of their own and are in dispute as to the percentage of share.

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kavksatyanarayana (Expert) 02 March 2021
Agreed with the opinion of the above learned-expert.

Dr J C Vashista (Expert) 07 March 2021
Prima facie it is a hypothetical story where the Testator is well aware of the fact that the property (apartment) being bequeathed is a flat which cannot be occupied partly by both the beneficiaries.

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