imroz ali ahmed (self employed) 05 February 2020

Is it valid to execute a gift based only on revenue records

My great grand father(SUNNI MUSLIM) got property when he was alive . Nobody knows how he got this property and there is no record for that except his name in PAD ADANGAL.Later after his death property transferred to his 2 daughters and there is no record or any evidence for that transfer.

His daughters (one is my grand mother and her sister ) mutated property in revenue records and they enjoyed the same for 30 years .

My grand mother gifted her share to her sons and daughter in laws and didn’t gave anything to her daughters .

My grand mother was unaware of gift and her sons obtained her signatures fraudulently(there is no proof). Last year she passed away.

My query – Any property without any documents is transferable or not ?

Is it valid to execute a gift deed based on Revenue records ?

Can government claim this property ?

Please suggest.

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Shashi Dhara 05 February 2020

On available revenue documents she has gifted it if it is done with fraud then her legal heirs can challenge it in civil court.

(Guest)

Alienation of any immovable property without absolute title and ownership, possession is non est in the eye of law.

Alienation of any immovable property in any manner such as sale, gift etc, merely on the basis of the Revenue records of the Govt. doesnot confer any legal title. Such revenue records are only meant for payment of taxes to Govt. The same position has been clarified by Supreme Court in a catena of judgments.

Hence the alleged gift deed doesnot confer any legal title to the donee. The same can be challanged at any point in time.

Regards

Balachander Reddy

Advocate

9959850723

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