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Narayanan   04 November 2017

Gift deed

Hi

There was a property which was gifted by four memebers of a family ( The family inherited this property) to 40 members of a joint family which was related to them in the year 2002. Out of 40 donees , 30 including minor children (Mothers of the minor children signed for their kids) sold it to Mr X  , and after two years or so Mr X sold it to Mr Y. Then I brought it from Mr Y after two years or so . One among the donee who sold his rights over the property frauduluntly registered the propery as wakf property siting the gift deed as wakf nama. As I was in the Army I was not aware of the situation and he occupied the house in the property. Now after 10 years of legal battle , the High court has said that it is not a wakf property and the Wakf Nama is only a gift deed.

My Question is:

1. Does any of the 10 donees who did  not sign the purchase ,has any right over the property in view of the following

a . None of the Donees have sighned the gift deed.

b. The 10 donees did not take possession of the property.

c. The 10 donees neither  objected to the sale of the property or its registration to the wakf board

d . The 10 donees were legally not aware  of the gift deed

In view of the above, can I take possession of  the entire propery ?

Thanks in advance.
 

 



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 3 Replies

Vijay Raj Mahajan (Advocate)     04 November 2017

If the 10 donees not aware of the gift deed, neither they signed it themselves or anyone else signed it on their behalf as their guardian nor received or possessed the property gifted to them in person or someone else on their behalf as their guardian than the gift deed is by itself not valid for them. They have no right to object to transfer of the property by other donees to anyone as these 10 so need are not valid owners as other 30 donees.

Vijay Raj Mahajan (Advocate)     04 November 2017

More so Gift deed for immovable property has to be registered with Sub-Registrar or Tehsildhar of the district. Hope this was done according to law, as provided under the Transfer of Property Act.

Narayanan   05 November 2017

Thanks. The deed was registered. Will the 10 donees share of the property revert back to the donor as unaccepted or will it merge with the other 30 individuals right?

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