We have inherited land in Gujrat, having mother & 7 childern as Co owners. This is reflected in land Records like 7/12 Extract, Hakkapatrak Namuna No. 6 & property Card etc since yer 2000.
1) Mother was 94 years old when she did Gift Deed (& Registered it ) for her 1/8th share in the the undivided ancesrtal family land , in favor of one of the daughter, without the knowledge & consent of other co owneres.
2) When the 135 D Notices for Mutation Entry came , we strongly objected to it.
3) The dispute case was heard by the City Survey Superintendent & he Rejected the Muration entry on the basis of :
(a) The consent/ N.O.C. of all the Co owners was not obtained before entering in to such a Gift Deed.
(b) The donor & the recipient decided among themselves only about : their share & dimension of th
undivied land to be gifted & prepared the gift deed and even registered it.
It’s authenticity is questionable.
(c) There was never a written Agreement, MOU or Deed of Division amongst the Family members/
Co owners of the said land having Right, Title & interest in it.
(d) Important fact that – so far the Donor & the Recipient of the Gift Deed did not get any confirmatory
Orders from the Civil Court regarding—
exact rightful share in the land( in sq. mts. ) each person is eligible, deserves to get & finally gets allotted.
The recipient went in to Appeal to the Prant-Dy. Collector ( appealeate Authority) .
4) Mean while mother has expired.
5) The Appeal is due for Hearing with in 2 days.
6) Pl. urgently advise and give us the details---as many as possible Court Judgemnet s about the Mandatory requiremnet of NOC from the Co owners, before making & Registreing the Gift Deed & also other valid points in support of Rejecting the Gift Deed & it's legal standing.