Relenquishment of rights

Saibal Guha Roy (Querist) 09 December 2011 This query is : Resolved
My client inherited a piece of land with building constructed thereon alongwith his two brothers. The share in the building was specifically demarcated. One brother gifted his share in the building to my client & the other one sold his share. Now my client wants to demolish the old building and construct a new one. The gift deed to my client mentioned the portion of the building gifted but the deed erronously omitted gifting of proportionate share of land oON WHICH THE BUILDING STANDS, i.e. land beneath the building. There are judgements which says that such omission does not confer any residuary rights in favour of the seller/donor in respect of land underneath the building. However, I am unable to find such judgements. Matter is urgent. Please give me some judgements/citations

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Devajyoti Barman (Expert) 11 December 2011
No decision is required.
Since the structure is made in such a way that it implied to be part of the land which is not excluded merely because not specific mentioning of the same.

Guest (Expert) 11 December 2011
I agree with Shri Devajyoti.

Sailesh Kumar Shah (Expert) 11 December 2011
execute gift/relinquishment deed for land portion is required to get absolute title.

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