Gift of part of dwelling house to public trust

The act of your uncle can not be blamed because he is not prevented to do so by any known law.

Thanking you,  

Originally posted by : Meenatchi
	My father's house was in the names of his and his two brothers. One of the brothers gifted his part to a public charity. Is it legal since the trust cannot take possession? My dad has been residing at the house for the last 31 years, from before the trust was formed. This house is in Coimbatore, TN.

1.  Jointly owned Un-Partioned Immovable Property CANNOT be lawfully Gifted, WITHOUT FIRST executing a "partition deed" AND demarcating the proposed part of property which is to be Gifted.

2.  The said Gift Deed, is null & void, for all purposes, since the Gifted part CANNOT be identified and further "possession" of the Gifted property is NOT possible.

Keep Smiling .... Hemant Agarwal
Read Articles: https://hemantagarwal21.blogspot.in/?view=sidebar

i agree with hemant agarvals advice

Thank you sirs.

A few additional queries:

1. Is there a time limitation for filing a case to solve this issue?

2. The uncle who gifted is no more. So who will be able to sort this issue - The trustees or the uncle's children?

3. The trust went to court asking for partition after the gifting, but withdrew the case soon after. Was this action legally correct?

4. The trustees(Dad's paternal cousins) have issued a note in stamped paper two years ago. It says my brother can live in the property as long as he wants but they would take action if he/our family mars their reputation in anyway at anytime. Is this a legally correct?

1.  Since the Gift Deed is lawfully "null & void" (due to factors mentioned above),  the Trust or Trustees have NO legal jurisdiction to do ANYTHING or file any case or whatever AND further there cannot be any time limitation for any matter.  The Trust simply cannot do anything, because the trust here is a nobody.

2.  BEFORE making the Gift Deed, the partition deed must be mandatorily be executed AND ONLY THEN the partitioned and identifyable portion can be Gifted.  ONLY the "existing" "title-Owners" on revenue records, are entitled to seek "partition of property".  Trust was NOT the "existing" "title-Owners" at the time of making Gift Deed, hence the Trust has no locus standi in the matter, to demand "partition" in any manner, whatsoever.

Keep Smiling .... Hemant Agarwal
Read Articles: https://hemantagarwal21.blogspot.in/?view=sidebar