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Validity of gift deed of property under partition suit


06-Nov-2023 (In Property Law)
Can i do a gift deed but my property is under partion suit and also has a injunction order on such property If done so is it valid?
Answers (3)

Answer #1
629 votes
opinion; The gift deed can do when title of the property is clear without encumbrance.you stated here that it is under suit for partition. you have no title on your share as on today. If you execute the gift deed before declaring your share is invalid in law. If it is your self acquired property and involved in the partition suit, until disposal of the suit you cannot execute the gift. When it is for partition, it means title and owner ship is under challenge.
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Advocate Chandrashekara Reddy K N

Adv. Chandrashekara Reddy K N

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Answer #2
848 votes
Hello, You can gift a Property only when you are the absolute owner of that property. In case of ancestral property your right must be severed only then you have absolute right to gift. In your case since case is still pending you cannot gift or even write a Will as your share is not ascertained.
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Advocate Roopashree R. A.

Adv. Roopashree R. A.

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Answer #3
629 votes
Section 52 of the Transfer of Property Act, enacts the doctrine of “ Lis Pendens”. Which means that during the pendency of a case, property which forms part of the subject matter of that case cannot be transferred. More over, since a restraint order has been issued by the Hon’ble Court, property canno’t be transferred. In case of transfer of such immovable property, the transferee becomes bound by the result of the suit. In so far as the validity of the gift deed is concerned, gift deed will not create or assign any rights in that property, as subject matter of the gift should be your absolute property. Hence, the gift deed will be rendered not valid.
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Advocate Priyanka Y

Adv. Priyanka Y

LawRatoBangalore / Bengaluru | 100+ Answers
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