mahan mahan (NIL) 11 July 2022

Transferring undivided share of inheritance

One ( A) of the legal heirs wants to transfer his undivided share in inherited property, while other legal heirs ( B & C) are not willing for partition and not cooperating with A;

1. Can A gift his undivided share in inherited property to his spouse or son?

2. How to transfer his undivided share in inherited property, before partition?

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Quick Summary

If you wish to transfer your undivided share of inherited property but other heirs are uncooperative, legal action may be necessary. While direct gifting might be complex without partition, a partition suit can be filed in court to resolve disputes and facilitate division or sale. This process allows for the formal division of jointly owned property when mutual consent is absent.

2 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 11 July 2022

Without partition he cannot transfer it to any one. So file a partition suit in court.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 12 July 2022

partition suit is a proceeding instituted by a coparcener when a property dispute arises in the family or when there is absence of mutual consent among the multiple owners of the real estate in the sale or division of the property.