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Env Coord (.)     10 August 2021

Inheritance rights of donee in a gifted property

A piece of land was gifted by a male Hindu (Donor) to his niece (Donee) in the 1998. The relation between 'donee' and 'donor' being that the 'donor' was paternal uncle (Chacha - father's brother) of 'donee'. The registration of the gift deed was done in a  formal manner including mutation of the property in 1999. Donee (recipient of the gifted land) constructed boundary wall along the perimeter of the land from her own money in 2005. Till date no further civil construction has been done upon that land. So current status quo of the land being 'vacant' with only brick-wall boundary.
'Donor' passed away in 2010 and 'donee' passed away in 2017. 'Donee' died intestate and as of today the property is still in the name of 'donee'.  So my queries are as follows:-

1. Can Legal Heirs of 'Donor' claim any stake in the aforementioned 'gifted property' now?
2. Does law of limitation apply in such matters? If yes, then when does the limitation period commence (in which year) ? Can Legal Heirs of 'Donee' claim 'adverse possession' ?
3. Is there any case-law of any Indian SC or state HCs in a similar matter ?
4. Can Legal Heirs of 'Donee' sell the gifted-property without any consent or intimation from the Legal Heirs of 'Donor' ?
5. Can Legal Heirs of 'Donor' legally challenge the sale transaction entered by the Legal Heirs of 'Donee' with any third party ?



Learning

 7 Replies

Dr J C Vashista (Advocate)     10 August 2021

Donee is absolute owner and can dispose it as desired.

LRs of donee has full rights of such property if it is intestate.

No one else have right, interest or claim over the donated property.

Search for judgment, if any.

Subjective question paper.

1 Like

G.L.N. Prasad (Retired employee.)     10 August 2021

Once the gift deed was registered, possession was given by constructing boundary, the property stands in the name of donee long ago and this was never disputed by the donor and one, acted upon the question of donor and their legal heir's rights were extinguished long back.  You can not find a judgment, suitable to your convenience, when there can be never such rights to the donor or legal heirs in the property gifted, mutated, enjoyed by doneee for long.

M V Gupta (Advocate)     10 August 2021

Answers to your questions ae as under:

1. No.

2. In view of the answer to Q No. 1, the issue of the legal heirs of Donee claiming by adverse possession does not arise. They are entitled to the property by operation of the law of inheritance.

3. No need to look into any SC decision. The issue can be verified by looking into the relevant provisions of the Transfer of Property Act and Hindu Succession Act.

4. Yes. The LRs of the Donee can dispose of the gifted property without the consent of the LRs of the Donor.

5. No.

1 Like

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     10 August 2021

1. No 

2. Law of Limitation does not apply.

3.No need to search for case law.

4.Yes

5.No.

 

 

 

 

1 Like

P. Venu (Advocate)     10 August 2021

Facts posted suggest deeper issues. Please post the relevant facts and the real issue.

Env Coord (.)     10 August 2021

All facts apposite to the controversy stated therein. The question is asked based on future possibility of any dispute arising out of the 'gifted property'. L.R.s of Donee are not on friendly terms with L.R.s of Donor. Hence, the question is asked keeping in mind the possibility of any future dispute at the behest of Donor's L.R.

P. Venu (Advocate)     11 August 2021

Admittedly, there are no issues at all!

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