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gouri patra   26 April 2021

Can gifted property be sold

A portion of private land donated to a particular society, can it be sold ? Can the concerned society sell the gifted property?? Subject matters to Odisha


Learning

 7 Replies

Dr J C Vashista (Advocate)     26 April 2021

What is the purpose /aim / object of the Society and its relation to gifted land ?

1 Like

gouri patra   26 April 2021

The society comprises of an underprivileged people of scheduled Tribes and scheduled castes people whose profession is to make utensils out of bamboos. As the people didn't have any place of work a man habing plenty of land being compassionate towards the people donated them the portion of land where they can work together. But for decades the land remained unused and now a few days back it's on buzz that it has been sold to a man who delas in property dealings

Pradipta Nath (Advocate)     26 April 2021

Need to go through the documents under which the society was constituted and the deed of conveyance of the donated land.

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G.L.N. Prasad (Retired employee.)     26 April 2021

Every Gift deed mentions the reasons for gifts and how the asset should be utilized.  The presumption is that as the society members are not having enough land to grow bamboos on their own for conversion to utensils, the land was gifted for helping them in keeping their family tradition continue and for growing bamboos on their own.  Both the society's bye-laws and gift deed must state the conditions under which an asset donated must be dealt with subsequently.   A decision in general body may consider the immediate necessity if the land is not useful and maintenance became costlier.  If the asset can be put to more productive use, the GB may pass a resolution for disposal unanimously.

Sankaranarayanan (Advocate)     26 April 2021

Better to seek advise from local lawyers and act accordingly 

Advocate Bhartesh goyal (advocate)     26 April 2021

Purpose of gift is to be seen, if land has been gifted for charity or religious purpose then can't be sold.

P. Venu (Advocate)     26 April 2021

Any suggestion depends upon the terms and conditions of the gift as incorporated in the gift deed.


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