If property cannot be divided by metes and bounds court would direct sale of property

2) your mother can execute gift deed of her share in property in favour of your sister

1)your mother is the absolute owner of the property, She has all the right to do anything. She can transfer to any body.

2)under partion suit and also has a injunction order on such property?

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.

if the property cannot be divided in meats and bounds the court can pass such orders to sell the property and divide proceeds, further if plaintiff press on such relief yes mother can sell,gift will her share of the property,

1. Whether the said property will be under litigation or not will depend on the acts of the co-sharers.

2. your mother can very well register her undivided and un-demarcated share of the jointly held property in favour of any body she feels like including your sister.

- A preliminary decree is that decree where adjudication decides the rights of the parties with regard to the matters in controversy in the suit but it does not completely dispose off the suit.

- Before final Decree , the parties of the suit can settle the matter amicably as well.

- As per you , the property cannot be divided by metes and bounds. In this situation , the the court will pass Final order for selling the property in dispute and accordingly consideration would be distributed as per Preliminary Decree order ratio.

- YES.. Your mother can execute gift deed of her share in property in favour of your sister

Firslty, as you have stated that preliminary decree has alr day been passed which talks about the shares of each of you three.

Secondly, actually, when it is very hard to device the same then it may be opted by one or two member of the same family to give their share to the third or third would but their share.

Thirdly, but, yes, anything can be done once the final decree has been filed, no one can even gift it to the other.

1. In preliminary decree only shares are declared and not the area.

2. During final decree hearing only the property is divided by metes and bounds.

3. So if the property is indivisible then the value of the shares is to be divided among the co sharers as per its value.

Your mother can make a gift deed or will in favour of any person he pleases for the share which has been passed in a favour by the court Through preliminary decree.

If the property cannot be divided by metes and bounds, court can sell the property.

1) Property will be in litigation.

Hello,

No if you don't sell your share they cannot part with the property.

Regards

If the property is indivisible or impartible in a partition suit then the court bring the property into auction sale

It depends on the report filed by the advocate commissioner appointed by court for inspection and report about the property in dispute.

1. Immovable Property which is undivided /non-partitioned, CAN be Sold /Gifted /Transferred to any Joint owners, with conducting partion procedures, without the need of NOC from other adverse joint-owners.

2. Immovable Property which is undivided /non-partitioned, CANNOT be Sold /Gifted /Transferred to any OUTSIDERS, in any manner, WITHOUT the express written consent of ALL Joint owners.

Keep Smiling .... Hemant Agarwal

1. yes your mother can either sell her share of gift her share to your sister