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Batman Singh (Na)     30 April 2021

Claim on land for gift deed

I inherited whole independent house from my mother(their self acquired). Later on I gifted a portion on second floor mentioning area on second floor only. People to whom I gifted thinks they have share on land of plot too. My question is how can they have share on land of plot as gifted Portion is on second floor and I have not mentioned anything related to land sharing on gift deed.


 10 Replies

Dr J C Vashista (Advocate)     30 April 2021

If it is only second floor is gifted (without proportionate land beneath) the donee has no right, interest, claim or title of the land.

It is better to consult a local lawyer for appreciation of subject gift deed.

Sankaranarayanan (Advocate)     30 April 2021

Gifted ? please explain the facts .

G.L.N. Prasad (Retired employee.)     30 April 2021

Get a legal opinion from a local advocate after showing such a copy of the gift deed and respond through a proper reply if you receive such a notice.  Explore the possibilities if any to get the gift canceled if there is a scope to retaliate against the advances of the donee.

Pradipta Nath (Advocate)     30 April 2021

The Gift deed should take its own course of action and no further assumption or presumption. Aside better to seek a paid up conference with an Advocate with all your documents.

SHIRISH PAWAR, 7738990900 (Advocate)     30 April 2021


Claim of right in land depends on terms and conditions of gift deed. Consult with expert local advocate. 

munaga rao   30 April 2021

Yes, since the gift is very clear that there is no mention in it that alongwith gifted flat undivided land also, therefore, the beneficiary does not have any right over the land. 

Hemant Agarwal ( Mumbai : 9820174108)     30 April 2021

1. By legal default, ALL the house owners on a single layout plot of land, shall have equal right on plot of land, in which their building stands including all appurtances etc.... There is no exception to this, irrespective of whether the agreement /deed mentions or not mentions the share of common plot of land.

2. It cannot be said that second floor house is gifted and that they cannot use the common area of land for ingress or egress or parking or whatever else ....

Keep Smiling .... Hemant Agarwal 

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     01 May 2021

Very strange that a dispute erupted from the person/s to whom you gave the property in Gift. You must have given the Gift to your close relatives only and not to outsiders, in which case it is a family matter and you need to resolve the issue within the family having proper consultation, in the presence of Elders of the family.

P. Venu (Advocate)     01 May 2021

Any suggestion depends upon the law, if any, as to apartments in force in your State. Anyway, having taken a stand on the issue, you can leave it to other party to approach a court to resolve the issue.

T. Kalaiselvan, Advocate (Advocate)     04 May 2021

The transfer of immovable property situated in the second floor of the building by a gift deed implies that the beneficiary is entitled to use the common area namely the stair case, parking space, common pathway and since there is no particular mention about the share in the land underneath, it  can be assumed that the second floor owner has a right to an undivided share in the land proportionately.

If the  building  is going for redevelopment at a later stage then the second floor owner will not get any share in the redeveloped property if he has no share in the land underneath the building. 

I agree with the opinion rendered by expert advocate Mr. Hemant in this regard

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