Gifting share of jointly owned immmovable property

shyam lal (Querist) 23 January 2024 This query is : Resolved
Husband and wife with their collective earnings bought a residentitial plot of land and later built a house with in municipal limits and got the house plan passed and registration done in both their names.collectively.
In due course of time due to some unknown reason after building the house on the jointly owned land and house the wife wants to gift her share of the house
.Query..What is the legal procedure.

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This discussion explains the legal process for a wife to gift her share of a jointly owned house and land to her husband. The primary method involves executing a registered gift deed for her half-share. If the wife wishes to gift her share to a third party, she can sell her undivided share via a registered sale deed. If the husband objects, a partition suit may be necessary to divide the property or arrange a sale.

kavksatyanarayana (Expert) 23 January 2024
The wife can register a gift deed for her 1/2 share to her husband.

T. Kalaiselvan, Advocate (Expert) 23 January 2024
The wife can transfer her share in the property in favor of her husband by executing a registered gift deed.

Advocate Bhartesh goyal (Expert) 24 January 2024
Yes, wife can transfer her share to her husband by executing registered gift deed.

shyam lal (Querist) 24 January 2024
The question is when the plot and house constructed both are in the names of huband and wife how does the wife gift her share to a third party?

T. Kalaiselvan, Advocate (Expert) 24 January 2024
Your original question was not for transfer of wife's share to a third person.
Now you are coming out with new question.
If wife wants to transfer her share in the property in favor of a third person, then she can sell her undivided share in the property by executing a registered sale deed.

shyam lal (Querist) 24 January 2024
Does the wife need a no objection from the husband secondly how can she identify her share..

kavksatyanarayana (Expert) 24 January 2024
If the wife needs NOC from the husband, the husband and wife divide the property into equal shares by a registered deed and then the wife can sell her 1/2 share to anyone.

shyam lal (Querist) 24 January 2024
What is the simple method of dividing the share of property..

T. Kalaiselvan, Advocate (Expert) 24 January 2024
They both can go for an amicable partition, if her husband is not agreeing for partition then she can file a suit for partition.
If the property is indivisible than the court may bring the property for sale and would distribute the consideration amount equally to both.

shyam lal (Querist) 25 January 2024
Expert Kalaiselvan thanks for the simple solution..

T. Kalaiselvan, Advocate (Expert) 29 January 2024
You are welcome for your appreciations.

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