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Nagesh (private empolyment)     06 May 2022

Gift of immovable property by partner to another

A Partnership had purchased an immovable property (vacant land) to an extent of 9590 Sq.Ft. The Firm has 2 Partners. (husband and wife). Wife gifts about 1570 Sq. Ft. of land to her husband in her individual capacity, i.e. without any reference to the Firm. Is the gift legally valid ? does the husband acquires absolue right ?


Quick Summary
This discussion addresses whether a gift of immovable property made by one partner to another in their individual capacity is legally valid. The consensus is that a partner cannot gift partnership property as an individual. Therefore, such a gift is considered invalid, and the recipient partner does not acquire any absolute rights to the gifted portion of the land.

 3 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     06 May 2022

Hello,

The wife cannot gift the partnership property in an individual capacity. The gift is invalid and the husband does not acquire any rights under the said gift deed.

 

kavksatyanarayana (subregistrar/supdt.(retired))     06 May 2022

Yes. Agreed with the advice of the learned expert Mr.Shirish Pawar sir.

Nagesh (private empolyment)     07 May 2022

Thank you both.

 


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