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Validity of single person's consent from co owners of property
14-Jun-2023 (In Civil Law)
Hi for a property with 4 co-owners without partition deed , if a gift deed is done by one of owner to his family with out will of others , is it valid lawfully? if such a gift deed is done, how others can lawfully settle this issue .. pls advice
if the share of co owner is specified then he can make transfer of his share to other person . Section 44 of the Transfer of Property Act, 1882, deals with transfers by one co-owner. It also deals with the rights of a transferee in this type of a transaction.
But Section 44 can be applied only when third party to whom transfer is made is not family member. Thus in your case he cannot make transfer without consent of others
But Section 44 can be applied only when third party to whom transfer is made is not family member. Thus in your case he cannot make transfer without consent of others
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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