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Suresh Karkera (Photojournalist)     27 May 2014

Gift deed

Dear sir, My Maternal Uncle got the right of the property through declaratuion of the Karnataka Land cieling act. it is  7 cens aagricultural land . Now he wants to gift the land to his lone sister . does he need to get the NOC from his wife and son and daughters?. wil there be any leagal desputes later? Please help me



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 9 Replies

Arvind Manghirmalani (Advocate High court Bombay Trained mediator 91-9869617090 9594255075)     27 May 2014

if the property rights in agricultural land are in liue of surrender of ancestrol property, then, NOC / consent of all class I heirs are required . 

if the property rights in agricultural land are not received in liue of ancestrol property, then consent not required and your uncle can execute a gift deed, pay stamp duty and register the same in his sister. thereafter, the property will be of sister only. 

adv.raghavan (Advocate,9444674980)     27 May 2014

No need to get NOC from his family, it his property, he can very well go for gift deed favoring his dearest one.

Suresh Karkera (Photojournalist)     27 May 2014

Sir ,

We belongs to Garadi Mane ( family ) in Tulunadu i.e udupi . all the lands been given umbali by Kankana guthu. the whole land been captured by my relatives who were educated at that time. My Grand mother was given a 7 cens of the agricultural land  to build her house. My grand mother had  5 sons and one daughter . as per MATRILINEAL system the land was orally given to the lone daughter (i.e my mother) . but  later the My uncle ( lone survivor out of 5 boys) gave declaration for the land and the house  in his name during 1983-84  under land reforms act  and judgment was favoured to him ( which we didnt knew as we were at Mumbai) . now due to our family request he is ready to give the same as gift to his sister ( my mother) . does he need to get noc from his sons and daughter?. He is holding only judgment copy. The RTC is still not made and is not whoing anywhere either at Village accountant or online

laxmi kant joshi (instructor)     27 May 2014

The property is in his name he is the sole owner of that property , he can gift this land to his sister for that he didn't need to take noc from anybody .

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     27 May 2014

 declaratuion of the Karnataka Land cieling act.owning of property is depending upon nature of declaration. So explain clearly about declaration. How that declaraton made. ?

Suresh Karkera (Photojournalist)     29 May 2014

Thank you very much all,

Dear Ramachary sir, 

I dont know how to look into this where i can get these details in which document. As he didnt got the RTC yet. Only he is having with him is Bhoo Nyaya Mandali judgment copy which awarded the land to him from his maternal uncle ( owned the right of Chali Geni ) and the actual owner of the land ( Mooli Hakku) . I am running for the RTC to be made. In fact a lawyer cheated me in udupi saying he will procure all the required documents. Now I my self doing that. Got Form 10 and trying to get Form 7 and Helikegalu. Really tired, as i am a journnalist based in Mumbai have to travel every now to udupi for the things to get done

Regards

T. Kalaiselvan, Advocate (Advocate)     30 May 2014

Mr. Suresh Karkere,  From your statement it is understood that the property was on your grandmother's name, though after that due to some local disputes there was a litigation and the litigation came in your father's favor, thereby  conferring the title to the property on his name, thus it became your father's own and exclusive  property.  Now your father has full rights over it to dispose  the same in any manner and he does not have to take consent or permission from his children or wife to transfer the property on his sister's name by executing a registered gift deed.

Arvind Manghirmalani (Advocate High court Bombay Trained mediator 91-9869617090 9594255075)     30 May 2014

from your further information, it is now clear that your uncle got land transferred from your grandmother's name in 1983-84 on the basis of some judgement. For giving this land as a gift to his sister (your mother) he don't need any consent from his wife or children and as already suggested you to get the gift deed registered. 

Mohammed   13 July 2020

in declaration is mentioned from 100 years and declaration made on individual capacity then who is actual owner.

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