1968 document
pushpakrishna
(Querist) 17 March 2017
This query is : Resolved
dear experts
a person excuted his land in favor of his daughter in 1968 and she enjoying the same since the date.the document is on rs.10/- bond stating the same is given with love and affection for seving him.her brother who is miner at that time and later when he became majer also signed on the document as agreed and like one of the witnesses
but later he got mutuated with out her consent in the revenue records but till date she is cultivating the land.
recently she came to know that and asked her brother but bluntly he said that YOU CANT DO ANY THING AND I AM THE OWNER AS PER THE RECORD.
hence advice on this
thanq in advance experts as the document is above 30 years
is it necessary impounding the document as she wants to file a suit for declaration suit.
Rajendra K Goyal
(Expert) 18 March 2017
Unregistered gift deed not legal.
She can claim her share being a legal heir.
M V Gupta
(Expert) 19 March 2017
I agree that an unregistered deed of gift is not valid in law. the fact that she had been cultivating the land ever since execution of the deed does not confer on her title to the land. she will be deemed to have been enjoying the fruits of the land subject to the claims of the other heirs of her father, i.e., her brother. In the circumstance she should apply to the Tahasildar to include her name also in the land record with 1/2 share
