shyamal kumar bhattacharyya 24 March 2021

Liabilities of joint holders : of gifted property

Mr. A and Mr. B jointly owned by gift deed of the undivided property. Mr. A residing there but Mr.B
permanently resides at some other place. Mr.B intends to sell off his undivided share to a third party. Mr.A neither has any means to purchase
Mr.B"s share nor willing to accept any unknown third party. Mr.A wants to retain the status quo
till his lifetime. whether(1) Mr.B can sell his share without consent from Mr.A (2) If Mr.A has any legal shield to protect the property as remaining since last more than 30 yrs.

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Quick Summary

This discussion explores the rights and liabilities of joint property owners who received their shares via a gift deed. Specifically, it addresses whether one co-owner can sell their undivided share to a third party without the other's consent, especially when one owner wishes to retain the property. The advice suggests that the ability to sell depends on the specific terms of the gift deed and whether the property has been physically divided. Consulting a local advocate is recommended for personalised guidance.

2 Replies

Hetal N. Bhayani 24 March 2021

It all depends on statement made by doner and accepted by both donee. Injunction suit for status quo may be filed but until statements of gift deed are not available it cannot be possible to give opinion.

G.L.N. Prasad (Retired employee.) 25 March 2021

If the property is aleady divided in metes and bounds in terms of gift deed in individual names, there may not be a problem. Contact a local advocate and issue a notice informing the intention and depending on the response, your advocate may guide you further in disposing of the property.