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Can a partner of a joint property gift the property without consent


13-Jan-2023 (In Property Law)
Hello, My father and uncle purchased a property wherein the agreement was registered under both their names. Now, as we are asking for a part of it, my uncle claims that he has gifted the same to his son as a gift using a registered gift deed and we have no further right to it. Question: Is it possible for some to legally do this without the consent of a partner of the property? If yes, What can be done next to challenge the same?
Answers (2)

Answer #1
727 votes
1. No , Your Uncle has no right to Gift that property to his son . If your father is a part of that property means name in the agreement of your father then same & equal right of your father as compare to your uncle in the said property .

2. Don't worried ! First checked-out the nearest Registrar office which the said purchased property has been situated & You can Search the Gift Deed by a simple application to the Registrar Office with Nominal Fees & If Registered Gift Deed has been found then you can get a Certified Copy from Registrar Office with paid the fees of Certified Copy of Gift Deed .& One application in the name of Registrar for Granting Certifed Copy Of Registered Gift Deed of the said property .

3. Thirdly , If the said Certified Copy of Gift Deed is found then you can send a proper notice to your Uncle related with the Cancellation of such Registered Gift Deed subject to without consent & in absence of your father that Gift Deed making & Dishonestly Registerd .

4 .Fourthly , You can File a Suit For Cancellation Of Gift Deed briefing the facts of making of such gift deed without knowledge & Consent & deceived the information related to Gift Deed by your Uncle .

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Thanking You !

Answer #2
568 votes
Dear Client,
Your uncle has every right to gift his share out of the jointly purchased property in such case the Donee shall step into the shoes of your uncle vis a vis the rights and liabilities in the land. However the entire land cannot be gifted and can be challenged, as even your father has rights in the property to the extent mentioned in the title deed.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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