Gift deed made for Govt free allotted site without obtaining
chandru
(Querist) 06 September 2016
This query is : Resolved
Govt of Karnataka has allotted a free site to Mr. X with 15 years lockin period clause. Mr. X has 10 children and a wife as legal heirs. Mr. X is still alive. He made a gift deed in favour of a daughter after completion of lockin period without the sign/witness of legal heirs. My question is
1. Whether the permission of AC or DC is necessory evenafter completion of lockin period?
2. Whether the gift deed is in order?
3. Whether sign of all the legal heirs are necessary?
Ms.Usha Kapoor
(Expert) 06 September 2016
Dear Client,
If the site in question was allotted in your name it partakes the character of self acquired and connotes ownership absolute in Mr.X. So Mr.X as an absolute owner can gift, mortgage, lease, sell and do all other things associated with ownership of the property. So his wife and other9 Legal heirs can't question X's absolute ownership to the site property in question.
Raj Kumar Makkad
(Expert) 06 September 2016
1, No except procedural requirement.
2. Yes.
3. No.
Guest
(Expert) 06 September 2016
Mr. Chandru,
You are lucky enough that you have received reply to your pure academic query. Now I anticipate some supplementary questions also to fulfill the need of your appropriate solution to your academic exercise.
By the way, how you are concerned with the case of Mr. X, his legal heirs, vand validity, etc. of the gift deed?
Also, since the gift deed has aleady been made, what is the relevance of asking all these three questions, as follows, now after the event is already over --
1. Whether the permission of AC or DC IS necessory evenafter completion of lockin period?
2. Whether the gift deed IS in order?
3. Whether sign of all the legal heirs ARE necessary?
Hemant Agarwal
(Expert) 04 July 2017
INTROSPECT ON THIS:
1. The allotted Land ("agricultural" land .OR. any other type of Land) is given to the allotee, for a specific purpose) for "self AND aggregate family sustenance". Further this land is NOT "gifted" by the Govt., "only" to an individual. Here the individual /private succession laws shall be not be eligible. FURTHER the "irrefutable rights" of family sustenance shall remain perpetually "undivided" and intact over the alloted land, for each immediate family member of the allottee.
2. FURTHER "more so", irrespective of the "lock-in period (or whatever)", the allotee shall never become the "Title-Owner" of the Land, unless there the Govt. issues a NOC /specific order for the same, which is typically done by recovering a applicable official nazrana /premium, of the Land's revenue tax value.
3. Legally, a Gift Deed can be executed ONLY by a Title-Owner and NOT by a "deemed /fiction owner". Here the allotee is not the Title-Owner, due to point no. 2 (above).
4. By virtue of point no. 1 & 2 and 3 (above), the "allotee" is NOT legally eligible to execute any Gift Deed to any one person of the family (more so due to point no. 1 (above). PERIOD.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
