regarding a gift-deed.
samiksha gupta
(Querist) 25 March 2010
This query is : Resolved
sir,
a piece of land was gifted in the year 1960 to a charitable society by the owner within the municipal limit area to open a hospital. the society constructed the hospital by getting the approval of the maps by the municipal committee.for many years, the hospital was running and for some time it remained closed and after that the society gave the hospital to a local doctor on rental basis. in the revenue records the mutation was not done. the legal heirs of the donor they got entered their names in the revenue records and on the basis of that they have also sold a part of that gifted land to somebody.
sir, now my queries are:
1.whether the gifted land can be sold by the legal heirs of the donor?
2. whether a gift given by the way of registered gift deed could be revoked?
3. whether the part of the land sold from the gifted land by the legal heirs can be claimed by the society?
4. whether non-mutation has any effect on the gifted deed??
5. whether a case could be done on the legal heirs who have sold gifted property and mutation & registration of this sold property can be canceled?
6. whether mutation of the gifted land could be done in the revenue records now?
i hope you answer to my queries soon.
thank you.
A V Vishal
(Expert) 25 March 2010
whether a gift given by the way of registered gift deed could be revoked?
Ans. No, it cannot be revoked even by the donor himself unless the gift is onerous/conditional.
whether the part of the land sold from the gifted land by the legal heirs can be claimed by the society?
Ans. Yes, the society can file a civil suit to recover the land.
whether a case could be done on the legal heirs who have sold gifted property and mutation & registration of this sold property can be canceled?
Ans. Yes.
whether mutation of the gifted land could be done in the revenue records now?
Ans. Yes
samiksha gupta
(Querist) 26 March 2010
thank you sir for answering all the queries of mine.
sir, can you please tell me the procedure for mutation in the state of Punjab?
A V Vishal
(Expert) 26 March 2010
I'm not sure about the rules in Punjab, contact Kiran Kumar, Sachin Bhatia or Makkad who are from the same region.
samiksha gupta
(Querist) 26 March 2010
thank you sir.
one more question, in municipal limits the registered deeds entry is necessary in municipal records or revenue records?
Parveen Kr. Aggarwal
(Expert) 28 March 2010
Municipalities maintain record of constructed properties within their limits mainly for the purposes of house tax whereas revenue records are maintained by Revenue authorities. You may get entry of registered deed in the municipal records. In case revenue record for the land whereupon construction has been raised, is maintained by the revenue department, you may also get mutation thereof entered.
Neither municipal records nor revenue record confer title. A person claiming ownership of a property must establish it. Merely on the basis of either municipal records or revenue records, ownership cannot be proved.
samiksha gupta
(Querist) 28 March 2010
thank you.
1.when the deed has been registered of the property...then it is whose duty to get the mutation done...whether the department where the registry is done or whether in whose favor the registry is done or who does the registry and whether there is any time limit for the mutation to be done in Punjab?
Parveen Kr. Aggarwal
(Expert) 28 March 2010
It is the duty of the parties to the deed to get its mutation sanctioned. It is in the interest of the person in whose favour deed is registered to get mutation thereof sanctioned. No time limit is prescribed under any legal provision for sanction of mutation in the State of Punjab.
samiksha gupta
(Querist) 29 March 2010
thank you.
sir, what is the procedure of the mutation of a registered gift deed, whose registry has been done in 1959?
samiksha gupta
(Querist) 29 March 2010
and as stated in the first query on this page... in that case a piece of land was gifted to the charitable society. a boundary wall was constructed. mutation was not entered in a passage of time. the legal heirs of the donor sold a part of land donated which was in possession with the donee. the part of land which was sold, the legal representatives of the donor entered the mutation in the revenue records. although the possession of the land is with donee. how to get mutation done in this case??
whether the deceleration suit can be filed by the donee who has come to know about this a year back?
