AI Overview...
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Gift of Immovable Property - Gifts made by co-sharers to other co-sharers are generally permissible; the doctrine of Hiba-bil-Musha (which allows gifts between co-sharers) does not apply to gifts made by co-sharers to outsiders, but it is applicable among co-sharers themselves Jabedanessa Bibi VS Nazibal Islam Molla - Calcutta.
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Legal Requirements for Gift - Under Section 123 of the Transfer of Property Act, 1882, a gift of immovable property must be executed via a registered instrument signed by the donor and attested by at least two witnesses. A gift of a specific portion of joint property is treated similarly to a sale of that portion Sudhangshu Sarkar VS Anju Rani Sarkar - Tripura.
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Joint Management & Interests in Gifted Property - When a property is gifted to multiple donees, they may choose to manage it jointly, and their interests are presumed to be equal unless proven otherwise. The gift can be made jointly to multiple persons, who then hold the property in common Sudha Khemka VS Commissioner of Income-tax Madhya Pradesh, Bhopal - Madhya Pradesh.
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Property as Joint Hindu Family Property - Whether gifted property is considered joint Hindu family property depends on the facts; a gift to a son and daughter-in-law does not automatically make the property joint Hindu property. The nature of the property and the relationship at the time of gift are relevant Sudba Khemka VS Commissioner of Income-tax, Madhya Pradesh, Bhopal - Madhya Pradesh.
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Partition and Separation - Separation from a joint family does not automatically deprive a member of their share in ancestral property. Partition signifies surrender of joint rights, not necessarily transfer of ownership, unless specifically conveyed Gouranga Chandra Roy and others VS Gobinda Ballab Roy and others - Tripura.
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Shares in Joint Property - When multiple persons purchase jointly, their respective shares are determined based on their contributions or agreement. Sale of a specific share or piece of joint land does not alter the overall joint ownership, but the transferred share is held separately thereafter Kapil Kumar VS Naresh Kumar - Punjab and Haryana, Lachhman Singh Sunder Singh VS Pritam Chand Kirpa Mal - Punjab and Haryana.
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Right of Pre-emption - The right of pre-emption in immovable property must be exercised only by the owner and is invalid if restrained or transferred improperly. It is a transit right, exercisable only in case of sale of immovable property Atika Begum VS Haji A. A. M. Abdulla - Madras.
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Transfer of Shares & Partition - Sale of a fractional share by a co-sharer results in the buyer holding that share along with other co-sharers, without affecting the joint ownership of the entire land. Transfer of specific shares does not constitute a partition unless explicitly done Lachhman Singh Sunder Singh VS Pritam Chand Kirpa Mal - Punjab and Haryana.
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Legal Formalities & Share Division - Transfer of rights over immovable property exceeding Rs. 100 must be evidenced by proper documentation. Courts interpret provisions regarding co-ownership to ensure shares are divided among all members, especially in cases of partition or joint ownership DR.P.V.KANNAN vs M.MEENAKSHI - Kerala.
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Interest & Succession in Joint Property - In cases of inheritance, shares are divided among heirs according to law, with specific proportions assigned. Separation or partition affects individual shares but does not necessarily terminate joint ownership unless legally partitioned Radhey Shyam Bagla VS Ratni Devi Kahnani (Since Deceased) Through Legal Representatives - Delhi.
Analysis & Conclusion:
Gifts among co-sharers are valid and can be made jointly or individually, provided legal formalities are observed. The nature of joint property, whether Hindu or otherwise, influences how shares are transferred, managed, and partitioned. Sale or gift of specific shares does not automatically amount to partition; formal partition is required for complete separation of interests. Proper documentation and adherence to legal requirements are essential for valid transfer and to establish clear ownership rights among co-sharers.
Search Results for "Joint Co Share Gift Immovable Property other Co Sharers"
1910 0 Supreme(Cal) 568 • India - Calcutta
Gift - Immovable Property - Transfer of Property Act, 1882 - Sections 123, 129 - Mahomedan Law - Hiba-bil-Musha - Delivery of ... The doctrine of Hiba-bil-Musha does not apply to gifts made by co-sharers to other co-sharers. ... Whether the doctrine of Hiba-bil-Musha applies to gifts made by co-sharers to other co-sharers. ... It is clear, therefore, that when persons own a property jointly, any sharer may make a gift#HL_E....
2022 0 Supreme(Tri) 32 • India - Tripura
T. AMARNATH GOUD
Section 123 of the Transfer of Property Act, 1882 observed that a gift of an immovable property must be effected by a registered instrument signed by or on behalf of the donor, and attested by at least two witnesses. For ready reference, a href="./.. ... In my opinion, the gift of a specific portion in the joint holding or the sale of a specific portion in a joint holdings does not stand on different footing. By virtue of the gift of a Specific portion, the predeces....
1981 0 Supreme(MP) 684 • India - Madhya Pradesh
U.N.BHACHAWAT, A.R.NAVKAR
The donees elected to continue the joint management of the gifted property and accretions thereto. ... respectively advanced, such persons shall be presumed to be equally interested in the property. 3. ... Tax Officer had an option either to assess it as an association of persons or to assess the members individually; (c) the gifted property ... Khemka was to make a joint gift in favour of Smt. Sudha Khemka and Krishna Khemka and the donees took the gift pro....
1981 0 Supreme(MP) 682 • India - Madhya Pradesh
U.N.BHACHAWAT, A.R.NAVKAR
Hindu family, merely for the gift. it can not be said that the gifted property was a joint Hindu property of the son and daughter-in-law ... It is a question of fact whether the property gifted to the donees was a property of that joint Hindu family. ... (1) Hindu law - Joint Hindu Family - constitution of - what property can be divided on partition between the members. ... Khemka was to make a joint gift....
2013 0 Supreme(Tri) 32 • India - Tripura
U.B.SAHA
his share of the ancestral property. ... deed, and his separation from the joint family did not deprive him of his share of the ancestral property. ... the plaintiff's separation from the joint family did not deprive him of his share of the ancestral property. ... There is no doubt that always a parti-ti0n is not actually a transfer of property but would only signify the surrender of a portion of a joint right in ....
2019 0 Supreme(P&H) 536 • India - Punjab and Haryana
ANIL KSHETARPAL
(A) Transfer of Property Act, 1881, S.45 – Joint Property – Extent of Share – Shares of the purchaser are to be determined by the ... – When two or more persons jointly purchase immovable property for consideration three eventualities arises for determination of ... respectively entitled to interests in such property identical to their share in the common (joint) fund. ... to interests in such property identical to....
2002 0 Supreme(Mad) 143 • India - Madras
P.D.DINAKARAN, S.JAGADEESAN
Transfer of Property Act, 1882-Section 6-Right of pre-emption-Such right has to be exercised only in case of immovable property and ... restraint on partition of property is invalid. ... is a transit right-Such right not to be transferred to anyone except the owner of the property affected-Moreover, condition imposing ... It is true that the right of pre-emption is a right in the event of sale to purchase the property upon agreed terms and it can only be exercised as to immovable #HL_S....
1960 0 Supreme(P&H) 229 • India - Punjab and Haryana
MEHAR SINGH, BAL RAJ TULI, D.K.MAHAJAN
, on sale, a fractional share of a co-sharer in the joint land or property, then he comes to hold the land along with the other co-sharers ... Ratio Decidendi: A sale by a co-sharer of a specific piece Or plot of land out of joint land or property does not make the ... share in the whole of the joint land of the three original co-sharers including rectangle 16. ... Baisakhi Mal, 87 Pun Re 1894 (F....
2013 Supreme(Online)(KER) 34315 • India - High Court of Kerala
N.K.BALAKRISHNAN, J
Ratio Decidendi: The court held that the transfer of rights over immovable property valued over Rs. 100 must be evidenced ... Partition - Property Law - Kerala Act 30 of 1976 - The court interpreted provisions regarding co-ownership and transfer of shares ... The trial court upheld that based on the nature of the Thavazhy property, the shares must be divided amongst all members which includes ... But by those affidavits right to immovable property c....
2014 0 Supreme(Del) 2596 • India - Delhi
S.RAVINDRA BHAT, NAJMI WAZIRI
Act, 1893, Section 2], [Hindu Law], [Joint Family Property], [Succession], [Partition], [Property Rights] - The court discussed ... her share in the property. ... had a one-third share each in the property. ... It is further agreed that insofar as the immovable property is concerned, heirs of Radhey Shyam are owners to the extent of 2/3 share while heirs of Ratni Devi are owners to the extent of 1/3rd sha....
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