division of joint family property.

Querist : Anonymous (Querist) 19 March 2010 This query is : Resolved
The Kerala Land Reforms Act was enacted in 1964 and came into effect from 1974. The Act prescribed land ceiling to individuals and to joint families. To avoid surrender of excess land(my side and my wife's side put together it was excess) to the government I gave my excess land to my uncle as gift who is also a member of the joint family. I have now disposed off my excess land and can I take back the land given to my uncle which was earlier declared by me as excess. Will it be construed as circumventing the legislation as the intention of this legislation appears to be to take over excess land in excess of the limit and distribute to the poor.

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Raj Kumar Makkad (Expert) 20 March 2010
The act was implemented for a particular period and if your uncle is ready then you can take the excess land back either by way of gift deed or through any other mutually agreed mode.

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