Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
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Arni natesan padmaraj   10 May 2023

Land gifted >35 years ago to village panchayat for specific use as children's play - ground unused:

I am a 82 year old handicapped senior citizen with one eye gone blind.  I had gifted 4 grounds of land in an approved layout to the panchayat some 35 years ago specifically for a children's playground which has not been used till date.  Can I claim back a small portion of this land as I have no other place to stay?


 4 Replies

RAKESH ISHI   10 May 2023

Under Indian law, if you have gifted a portion of your land to the panchayat for a specific purpose, such as a children's playground, it may not be possible to reclaim that land without the panchayat's consent or a legal process.
It's advisable to consult with a lawyer who specializes in property law to understand your legal options and the procedures involved in reclaiming a portion of the gifted land.

A V Vishal (Advocate)     10 May 2023

Unfortunately no. You cannot claim the land since the gift is accepted by the donee

T. Kalaiselvan, Advocate (Advocate)     12 May 2023


Unused gifted land can be reclaimed by donor, says HC

Permits re-conveyance when not used for intended purpose

The Madras High Court has ruled that private lands gifted to the government for specific purposes such as establishing schools and hospitals could be reclaimed either by the donors themselves or their legal heirs if the properties had not been used for the intended purpose for long.

Pronouncing the judgment, Justices K.K. Sasidharan and P. Velmurugan directed the State to consider a request made by P. Bagyalakshmi to return 2.5 acres, at Vadakkipalayam village in Pollachi Taluk of Coimbatore district, which had been gifted by her father in 1964 for establishing a school and naming it after him.

Therefore you can file a writ petition before high court and claim reconveyance of the gift lnd which remains used for the intended purpose for long time.


AN PADMARAJ (business)     12 May 2023

I thank those who have posted prompt replies.

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