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Sree   13 October 2015

Gift for a specific purpose

Our gram panchayat obtained 5 cents land as a gift by a registered gift deed in 1990. In the deed it was mentioned that the land should be used for constructing a water tank. Also it was mentioned that the name of the donor is to be written on the water tank.

The panchayat constructed the water tank and name of the donor was also written on it. After 5 years we (panchayat) needed a bigger tank with some additional facilities. We bought a 50 cents land at a different place and built a new water tank and have been using that. The old one (not in use for last 20 years) collapsed some time ago.

The donor of 5 cents land (this is located next to his other land) slowly taken possession of this land. Now his contention is that he gifted that land for a specific purpose and now the purpose has become impossible/failed as a bigger tank has been built at a different place. By virtue of this the land is reverted to him.

Is his contention right? Can the panchayat use it for a different purpose?



 2 Replies

Subash M R (Advocate)     13 October 2015

In case where any property is given for any particular purpose,e.g.gift of land for building water tank,school,college,etc.In those cases,the property reverts to the donor when the object fails with all improvements made thereon the condition of revocation being some event not depending on the will and pleasure of the donor.

Thanking you,

Sree   14 October 2015

Thanks for your reply Sir. Would you please refer any case law on this.

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