It is not clear whether you have appeared in the partition suit through a lawyer. If so, ask your advocate to file an Interim Application (IA) seeking permission of the court for you to relinquish your rights in favour of your daughter by executing and registering a deed of relinquishment during the pendency of the partition suit. Proceed after getting a favourable court order.

1.  Release/Relinquishment Deed  is the  best  option  in the given circumstances  and not Gift Deed.

2.  Alternatively,  you can execute a valid WILL bequeathing your 1/4th undivided share exclusivesly to one of your daughters. 

3.  In respect of registered Release/Relinquishment Deed,  your 1/4th undivided share gets transferred 

immediately to one of your daughters upon your execution of the Release/Relinquishment Deed  and in case of WILL,  your 1/4th undivided  share gets transferred to one of your daughters after your lifetime but not immediate. 

A co-owner is legally entitled to transfer her undivided share, even during pendency of a partition suit.

However, such transfer is governed by the doctrine of lis pendens under section 52 of Transfer of Property Act, 1882. The transfer is valid but it is subject to the final decree in the pending partition suit, the transferee (your daughter) steps into your shoes and becomes bound by the outcome of the case.

It does not invalidate the transfer, but it prevents defeating the court process.

A Release Deed is normally executed between co-owners, releasing one’s share in favour of another co-owner. However, if the release deed is executed in favour of only one daughter, it may be objected to by the son stating that it is an attempt to prejudice partition. Though legally valid, it is sometimes challenged as inequitable in partition litigation.

Instead the transfer of your undivided share in favour of your daughter by executing a registered settlement deed will be a better option because as you are entitled to one fourth share in the property, you may transfer it to anyone of your choice which nobody can object to.

If you decide to proceed with settlement deed you proceed, ensure that the deed clearly states:

You are transferring only your undivided 1/4th share

Property is subject to pending partition suit (mention case number & court)

Transfer is subject to final decree.

This will protect your litigation interests

You can execute gift deed for your undivided share in favour of your daughter 

it should be duly stamped and registered 

I presume there is no stay order passed by trial court 

In your situation, the law clearly permits you to deal with your own undivided 1/4th share even though a partition suit is pending. A pending partition suit does not freeze your ownership rights; it only means that the transfer will be subject to the final outcome of the suit.

As a co-owner, you are legally entitled to transfer your undivided share under Section 44 of the Transfer of Property Act. However, such a transfer will not give the transferee exclusive possession of any specific portion until partition is completed by the court.

Between a Release Deed and a Settlement/Gift Deed, the legally safer and more dispute-resistant option in your case is a registered Gift Deed (or Settlement Deed).

A Release Deed is generally used when all co-owners mutually agree to relinquish rights in favour of another co-owner. Since your son has already filed a partition suit and is contesting rights, he is unlikely to consent. While a release deed executed unilaterally may still be valid between you and your daughter, it is more vulnerable to challenge on technical grounds, especially during pending litigation.

A registered Gift Deed or Settlement Deed, on the other hand, is a well-recognised mode of transfer of an undivided share. You can gift or settle only your 1/4th undivided interest, clearly stating that the transfer is subject to the pending partition proceedings. Courts consistently uphold such transfers, provided they are properly drafted, stamped, and registered.

The legal effect of such a transfer is that:

• Your daughter steps into your shoes as a co-owner to the extent of your 1/4th share.

• She will be entitled to claim that share in the final decree of partition.

• She cannot claim exclusive possession of any specific portion until partition is completed.

• The transfer will bind all parties once the court recognises it during final decree proceedings.

It is important to note that the doctrine of lis pendens (Section 52 of the Transfer of Property Act) applies. This does not invalidate your transfer; it only means that the transferee (your daughter) will be bound by the result of the partition suit. Courts routinely allow substitution or impleadment of such transferees in pending partition matters.

For maximum legal safety, the deed should:

• Clearly specify that only your undivided 1/4th share is being transferred

• Mention the pending partition suit details

• State that the transferee accepts the transfer subject to court adjudication

• Be registered and properly stamped as per state law

From a practical and litigation-resistance perspective, a registered Gift or Settlement Deed is the most robust option and is far less susceptible to being set aside than a release deed in contested family disputes.

you can make a release deed [without consideration] or a gift deed to transfer your share in favour of your daughter

the Plaintiff son would have admitted in his suit that he and the defendants have inherited your husband's property and that they hold equal undivided share 

so nothing prevents you from transferring your share during pendency of the partition suit 

it is not the case of plaintiff son that he is exclusively entitled to the property and that he seeks a declaration in that behalf

what the plaintiff son must have stated in his plaint, which i assume, that he and the defendants hold undivided share in the suit property of which the plaintiff seeks partition by metes and bounds

so you can transfer

upon such transfer the releasee/donee would step into your shoes and would have to be substituted in your place and the suit would continue 

also in my view the doctrine of lis pendens would not apply in this case since the plaintiff admits that his mother holds an undivided share. 

so whether that share is held by the mother or her transferee, would not matter much to the plaintiff

the plaintiff's share upon partition would remain the same and your daughter would be allotted her original share as well as your share

however i feel there is something more than meets the eye in your in case considering your past queries asked on this platform in different capacities 

- If there is no stay in that partition suit filed by your son , then you have right to transfer your share in favor of your daughter after executing a registered Relinquishment deed. 

- A release/Relinquishment deed  is better option , even during the pendency of the suit. 

Both registered release deed or gift deed any instrument can be executed 

Dear client,

your spouse did not leave a will, each of your three children and you will receive an equal share of the property he owned based upon the provisions of the Hindu Succession Act, 1956. You will each hold a 1/4 interest in the property as tenants in common. Since a Partition Lawsuit has been filed against you, the pertinent Provision of the Transfer of Property Act, 1882, is Section 52 (The Doctrine of Lis Pendens).

In A Lis Pendens Doctrine circumstance, it is legally permissible for you to transfer your undivided 1/4 interest during the time your Partition Lawsuit is pending; however, any transfer will only be effective at the conclusion of that lawsuit. This is to say that your transferee (daughter) will take on your role as party to the lawsuit and be entitled to the benefits of that lawsuit as a result of your transfer.

Your best and clear legal option is to prepare and execute a Gift Deed (or Settlement Deed) to your daughter. A Release Deed is typically used when there are two or more owners of property and they wish to share that property jointly. Therefore, you should sit down with your son and execute a Gift Deed instead of a Release Deed because you are already in a dispute with your son regarding the partition of your property.

If you have any query please feel free to contact us

Your question is legally significant, especially because the partition suit is already pending. Any transfer at this stage must be structured carefully to avoid future complications.

Your Legal Status in the Property

Since your husband died intestate, his self-acquired property devolved equally upon:

• You (widow)
• Two daughters
• One son

If you are governed by the Hindu Succession Act, 1956, each of you holds an undivided 1/4th share as co-owners.

At present:

• No physical partition has taken place.
• Each heir owns an undivided fractional interest.
• Your share is definite in quantum (1/4th), but not in physical demarcation.

You are legally competent to transfer your undivided share.

Effect of Pending Partition Suit

This is the most critical aspect.

Since a partition suit is pending, the principle of lis pendens applies under Section 52 of the Transfer of Property Act, 1882.

What this means:

• You are not prohibited from transferring your share.
• However, any transfer made during pendency of the suit will be subject to the final outcome of the partition case.
• The transferee (your daughter) will step into your shoes and be bound by the decree passed in the suit.

So the transfer is valid — but it cannot defeat the court’s final decision.

Can You Transfer an Undivided Share?

Yes.

Indian law clearly permits transfer of an undivided share by a co-owner.

Your daughter will not get any specific portion of the property immediately — she will acquire:

✔ Your 1/4th undivided share
✔ Your right to participate in the partition proceedings
✔ Your position as defendant/co-sharer in the pending suit

She may even apply to be impleaded in the suit after the transfer.

Release Deed vs Gift Deed vs Settlement Deed

Now to your core question — which method is safest and least vulnerable to challenge?

(A) Release Deed

A release deed is generally executed:

• Between co-owners
• To relinquish share in favour of another co-owner

However:

• Release deeds are usually used when all parties are adjusting shares mutually.
• It is often interpreted as relinquishment without consideration.
• Sometimes courts scrutinize it closely in family disputes.

It is legally valid, but in contested families it is sometimes challenged as being executed under influence or pressure.

(B) Gift Deed (Recommended in Most Cases)

A registered Gift Deed is:

• A clear transfer of ownership
• Recognized under Section 122 of the Transfer of Property Act, 1882
• Legally strong when executed voluntarily and registered

Advantages:

✔ Clear expression of intention
✔ Requires acceptance by donee
✔ Less ambiguous than a release
✔ Legally well-tested in courts
✔ Stronger evidentiary value

It is generally the most structured and litigation-resistant method.

(C) Settlement Deed

A settlement deed is often used in broader family arrangements.

However, since:

• There is already a pending partition suit,
• Other heirs may not be consenting,

A unilateral settlement deed may attract unnecessary technical objections.

Most Legally Safe Method

In your situation, the most legally secure and defensible route is:

➡ A properly drafted and registered Gift Deed transferring your undivided 1/4th share to your daughter.

Why?

Because:

• It clearly reflects voluntary transfer.
• It avoids interpretational ambiguity.
• It operates immediately upon execution and registration.
• It withstands scrutiny better in adversarial family litigation.

Legal Effect After Transfer

Once the Gift Deed is executed and registered:

1. Your daughter becomes owner of 1/4th undivided share.
2. She can apply to be substituted in your place in the pending partition suit.
3. The court will treat her as co-sharer to that extent.
4. The final decree will allot 1/4th share to her (subject to any legal findings).

Important: The transfer will not stop or nullify the partition suit.

Additional Precautions (Very Important)

To make it dispute-resistant:

✔ Ensure medical fitness certificate (if you are elderly)
✔ Record voluntariness clearly in deed
✔ Register the document properly
✔ Avoid suspicious timing issues
✔ Inform the partition court through an application

This prevents future allegations of coercion or undue influence.

Can Your Son Challenge It?

He cannot prevent you from transferring your own share.

He may allege:

• Undue influence
• Lack of capacity
• Fraud

But if the deed is properly executed and registered, such challenges are difficult to sustain.

Final Clear Position

✔ You are legally entitled to transfer your undivided 1/4th share.
✔ Pendency of partition suit does not bar transfer.
✔ Transfer will be subject to final decree (lis pendens).
✔ Registered Gift Deed is the safest and most defensible method.
✔ Your daughter will step into your shoes in the suit.

As the case is pending any action will be hit by legal outcome.

Therefore, don't do anything now, instead pray the court to refer the matter to mediation.

G.Rajaganapathy

Advocate

High Court of Madras

During the pendency of a partition suit, executing a Gift Deed is the more legally secure and dispute-resistant method to transfer your 1/4th undivided share exclusively to your daughter. A Release Deed is technically only valid when a co-owner relinquishes their rights in favor of all other remaining co-owners jointly; if used to favor only one co-owner while excluding others (your son and other daughter), it is treated as a conveyance and may be contested . Crucially, any transfer you make now will be subject to the doctrine of lis pendens under Section 52 of the Transfer of Property Act. This means the transfer is not void, but it will be subservient to the final decree in the pending suit, and your daughter will be bound by the court's eventual partition decision . A properly executed and registered Gift Deed clearly documenting your intent, followed by impleading your daughter in the suit to protect her interest, is therefore the recommended approach.

Thanks for your appreciation 

best of luck 

You are welcome for your appreciations. 

You may your advocate's advice and guidance for all practical purposes because it seems to be proper and correct in the given circumstances. 

So long as the Plaintiff admits your undivided share,  there is no harm in mentioning about the fact of pending suit in the gift deed

In fact making reference of the pending suit in the deed would show that there is no foul play on your side or by the donee. Both are aware about the pending suit and are executing the gift deed

It is to be noted that the gift is NOT being made subject to the pending suit 

If the partition suit is decreed the donor defendant won't get any share. The donee defendant would get her original share as well as the gifted share. In all this the share of the Plaintiff would be unaffected. 

Best of luck 

Please provide your query.

- You can execute a registered gift deed in his favor , and there is very nominal charge for the registration of a gift deed due to being blood related.