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Transfer of undivided share through gift among cosharers

Page no : 2

Rajendra Kumar   19 April 2024

Respected venu sir and all the learned panelist of law, my intention not to critise any opinion , never as I want to know vviews on my specific querry since I want to follow gift deed mode, reason in u. p there is very reasonable stamp duty on gift deed in blood relation that is the my concern, if anybody hearted with my words I feel heartly sorry. Now let me put my querry in other way as I understood, An undivided share of a legal heir in his father self acquired property who died without will can be disposed through will and even sold is legally valid, then whether is it is possible and legally valid that a legal heir can trasfer his/her undivided share in favour of other legal heir by executing a registered gift deed in his favour with due written consent of all other legal heirs? .please clarify. 

P. Venu (Advocate)     19 April 2024

Execution of partition deed is also possible with lesser stamp duty, in those States where such norms are in vogue. Rates of stamp duty varies from State to State. Relinquishment could also be executed together with the  partition  deed.

T. Kalaiselvan, Advocate (Advocate)     20 April 2024

For execution of gift deed, the donor need to physically transfer the gifted property and the donee has to accept the same physically.

if your property has not been divided yet among the shareholders how can you gift your share in the property in favor of any person?

Why do you pretend to not to understand the law and keep repeating the same question in different forms.

You will get the same replies however you may manipulate the question. 

Dr. J C Vashista (Advocate )     22 April 2024

File a suit for partition and execute gift deed for your share.

Shashi Dhara   22 April 2024

Partition and gift can be made on same day in SRO, all should be presented and signed, stamp duty is nominal for both deeds.

Kishore Kanakamedala   23 April 2024

Execution of Gift deed requires donor and donee.

Where as in case of intestate properties execution of settlement deed among the family members is preferable and tenable as per law.

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