clarification regarding pious purpose
Niranjan Nayak
(Querist) 26 October 2010
This query is : Resolved
Sirs,
There is a law that one can gift an ancestral property for a pious purpose. One has gifted his ancestral property to his adopted son. He has a natural daughter who has challenged the gift. The same quantity of ancestral property in the same revenue area is remained for her. but she demands that particular property. On the other hand in the gift deed it is mentioned that the doner donated the land to the adopted son without money in sake of love and affection with a hope that the son would serve them at old age and do all the the son is in the possesion of the lands and has been giving revenue for last 6 years.The same has been muted and patta has been correctedin the client's name. the adopted son has converted the agriculture land to Home stated land.
Can it be treated as pious purpose?
Can the daughter get the share from this particular land even after the change of the kissam(type) of the land to Homestated?
What other steps can be taken to protect the land?
What should the client do not to give the land to the natural daughter?
What other judicial procedure is there?
For your better perusal sirs, both adoptive parents are in favour of my client and even not interested to give that land to their daughter, what best they can do at their end for their adopted son?
Please guide me.
s.subramanian
(Expert) 29 October 2010
The gift is valid since it has been accepted. Nothing else need be done.
Sri Vijayan.A
(Expert) 30 October 2010
Mr.Niranjan,
I think u had asked the same question in other words on 05th October 2010.
It has been dealt in detail by Experts and u have advised not to worry
Niranjan Nayak
(Querist) 02 November 2010
Yes sir, I had asked the question before. but my doubt in on the word pious purpose. As the land is ancestral one, the daughter has the right to get, I know , but my client is of the opinion that the gift should be valid at any cost.
Plz advice what to do in what way.
