Property law
Saibal Guha Roy
(Querist) 09 December 2011
This query is : Open
My client inherited a piece of land with building constructed thereon alongwith his two brothers. The share in the building was specifically demarcated. One brother gifted his share in the building to my client & the other one sold his share. Now my client wants to demolish the old building and construct a new one. The gift deed to my client mentioned the portion of the building gifted but the deed erronously omitted gifting of proportionate share of land oON WHICH THE BUILDING STANDS, i.e. land beneath the building. There are judgements which says that such omission does not confer any residuary rights in favour of the seller/donor in respect of land underneath the building. However, I am unable to find such judgements. Matter is urgent. Please give me some judgements/citations
