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Rajendra Kumar   17 April 2024

Transfer of undivided share through gift among cosharers

My father head of hindu family consisting of his wife, 3 son and a daughter died intansate. He owned 3 immovable properties i.e 2 houses and 1 workshop. All these properties are his self acquired properties. As per family wish we 3 sons each should take one property from 3 properties of deceased by executing registered gift deed. So   for giving 1 house to eldest son exclusively, can remaining 4 legal heirs jointly execute a regd gift deed for their joint 4/5 th undivided share in favour of eldest son in such 1 house. Similarly can be done for younger son for workshop and yongest son for 2nd house. is it o. k and legally valid considering laws a) -  transfer of immovable property through gift of undivided share by a co sharer/cosharers in a joint family property  to other cosharer . b) - for a gift of immovable property by a hindu to be valid there must be delivery of exclusive possession to receipent(donee) co sharer, please clarify. Because all family members wish that till mother life all properties should be be jointly used and possessed, is it mandatory for a valid gift by hindu delivery of exclusive possession must be given to donee? 


 20 Replies

P. Venu (Advocate)     17 April 2024

The property owned by the late father has devolved upon the legal heirs viz. the mother and the children. They can execute a partition deed in accordance with the so-called "family wish" provided such an arrangement has the informed consent everyone, and the mother and the daughter relinquishing their rights and interests.

Rajendra Kumar   17 April 2024

Many tnx venu sir for valued suggestion  but sir i am specifically concerned about such distribution through regd. Gift deed ( I mean jointly execution by 4 legal heirs their undivided 4/5 th share vide gift deed in favour of 5th legal heir is it legally valid and such transfer of undivided share can be done further when gifted 4/5 th share,s exclusive possession is not given to donee 5th legal heir till mother life time(i.e conditional gift). Please clarify. 

kavksatyanarayana (subregistrar/supdt.(retired))     17 April 2024

You stated that your father has a wife, 3 sons and a daughter(died)/  Is the daughter married or unmarried? 3 properties of deceased......................... who died? your query is not clear.

T. Kalaiselvan, Advocate (Advocate)     18 April 2024

All the family members can decide about allotment of shares to each other on mutually agreed terms and can reduce them to writing 

The deed written therein called family settlement deed can be subsequently executed by a registered deed in equal number of originals so that each shareholder can have one original deed and take possession of their respective share in the property and enjoy them independently 

Dr. J C Vashista (Advocate )     18 April 2024

The intestate properties left behind by deceased shall devolve upon all 5 LRs equally as their share will be termed as "self-acquired".

They may dispose their respective share as they want i.e., by mutual consent (meets and bounds), there is no legal impediment / dispute / problem. 

1 Like

Rajendra Kumar   18 April 2024

Many tnx kalaiselvan sir and vashista sir for your opinion but i am specifically interested in transfer of undivided share of cosharers in joint family property through gift deed only and don, t want to opt other  mode of transfer. Your opinion on the Subject matter transfer of undivided share of co sharers in the left out self acquired property of hindu deceased who died without a will, whether such undivided share can be disposed by co sharers by executing a registered gift deed in favour of other co sharer and is legally valid in the eye of law. Please clarify. Regards

Mr. Sumitra kumar (Advocate)     18 April 2024

Section 123 of TP Act deals with gifts. The requirement of gift is:

1. The Donor must be competant to transfer.

2. The Donee must accept this gift.

3. The gift deed must be registered.


Thank you.


1 Like

Rajendra Kumar   18 April 2024

Tnx Sumitra sir, please your opinion, point1- whether a co sharer(donor) is competent to transfer his undivided share in favour of other co sharer (donee) by executing a registered gift deed in his favour. Please clarify. Point 2) - the donee must accept gift I mean there must be delivery of possession by donor to donee that mean donor has to remove himself from joint possession or such an expression by donee that he has taken possession is sufficient for validity of registered gift deed. Please clarify. 

Mr. Sumitra kumar (Advocate)     18 April 2024

You can say thanks by clicking on like button. 


Anyway, coming to the point, A person cannot transfer his or her undivided share since it is not specific which of lands belong to which person. Either a partition among members of a family or a partion suit is desirable where specific tracts of lands can be attributed to specific person called "Takhta". 

Hope that clarified the issue!


Thank you.

T. Kalaiselvan, Advocate (Advocate)     18 April 2024

The procedures of law to be followed and not that you can introduce your own thoughts and thinking as law.

If you want to transfer your share in the property by a gift deed then you should physically possess it.

It will not be possible for you to donate your share in the property to a donee because you need to mention the schedule of property being transferred by gift deed. 

Instead you can transfer your undivided share of property by executing a registered release deed relinquishing your rights in the property. 

Rajendra Kumar   18 April 2024

Respected sir, I am concerned about the lawys that is why I want to know can a co sharer dispose his/ her undivided share in the left out self-acquired immovable properties of a male hindu who died without a will,in favour of other co sharer by executing a registered gift deed. SIMPLY YES OR NO  and stating law for the same in the support. Thanks. 

Mr. Sumitra kumar (Advocate)     19 April 2024

NO, you cannot  gift undivided share of property without the consent of all other co-parceners.


Thank you.

P. Venu (Advocate)     19 April 2024

"SIMPLY YES OR NO  and stating law for the same in the support."

Why? This is a professional forum and suggestions. if any, cannot but be professional. Certainly, it cannot be at the bidding and demands and commands of the querist.

Shashi Dhara   19 April 2024

First divide the property register it then afters let they gift their respective shares.

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