Joint property

Ananda Das (Querist) 23 March 2021 This query is : Resolved
I am a joint oint owner of a property. That property belongs to 8 people. Now 4 of them gift their portion to me.legally the owner of that property now is 4 person. One of them want to purchase whole property & tell me that he will give me a rate of market value but registration process should be in gift deed. Is this safe process for selling my share?? Or i have to file partition. During partition case can i carry on my stay on that property? I do not stay together with that person, he already had separate house, but suddenly he saying that i also want to stay at this property cause his portion is there.there is only one bathroom, one kitchen

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You're a joint owner of a property with seven others, and four have gifted their shares to you, making you one of four owners. One co-owner wants to buy the entire property, offering market value but insisting on a gift deed for registration. This raises concerns about the safety of this process compared to a partition suit. You can continue residing in the property during a partition case, and other co-owners cannot force you out without a court order. It's important to clarify whether you intend to sell your portion or initiate a partition.

J K Agrawal (Expert) 24 March 2021
gift is proper way if he advances full consideration.
During partition suit, you can stay in property.
If you are already living in property, the other co-owner can not expel you without order of court.
You can restrain the other co sharer who is not in possession and want to dispossess you forcibly.

kavksatyanarayana (Expert) 24 March 2021
How the four (4) out of 8 co-owners gift you that means for their share only? Now one of the co-owner wishes to take the whole property for consideration. When he is purchasing the land, can he oblige to do Gift in favour of him by others? You queried for partition or selling your portion, which means?

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