GIFT
Arvind Singh Chauhan
(Querist) 25 December 2010
This query is : Resolved
"A" gifted land to govt in 2001. for the construction of Grain godown, and got the gift deed registered. But later govt. refused to construct godown due to local politics at this place.
In revenue record mutation has not yet taken place.
"A" wants to take legal step-
1-Whether govt. can be compelled to construct the godown on the gifted land.? If yes what should be done.
2- If it is not possible, What is the procedure for cancellation of this gift deed, and to ask compensation from govt for 10 years.
Yamalapalli Haribob
(Expert) 25 December 2010
U can not compel the govt to construct go-down.But u can file suit for cancellation of gift deed as the govt not performed the obligation mentioned in the gift deed.u can also file a suit for compensation as the govt kept vacant the property.U have to issue legal notice to govt before filing suit.
Kirti Kar Tripathi
(Expert) 25 December 2010
Since the gift is conditional as such the donee is under obligation to comply the condition of the gift. in case, the donee does not comply the condition, he can be compelled to comply the condition. in the present case, the donee is government, the doner can file writ of mandamus against donee. further in the present case, the doner can file suit for cancellation of gift deed.
M V Gupta
(Expert) 27 December 2010
You have stated that the gift given to the Govt. is for the specific purpose of constructing grain godown. Thus it is a coditional Gift. The supreme Court has held in Thakur Raghunadhji Maharaj Vs.Ramesh Chandra AIR. 2001 SC 2340 that if the condition of the Gift is not fulfilled , the gift will fail. Therefore it would appear that you can revoke the Gift. Hope you have during the last ten years called upon the Govt in writing to fulfill the conditon of the gift. Even otherwise I feel that in view of the failure of the Govt. over a period of ten years to construct the godown, you would be wtihin your right to revoke the Gift, in view of the SC decision cited above. There does not appear any need to file any suit or Writ petition for the purpose. You should register the deed of cancellation/revocation when executed.
pritam taffo
(Expert) 28 December 2010
i agree, revocation of the gift would be just and easiest process
Arvind Singh Chauhan
(Querist) 28 December 2010
Thanks to all seniors for their valuable suggestions.
Arun Kumar Bhagat
(Expert) 31 December 2010
Opinion of Mr. M.V.Gupta appears to be reasonable.
