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Prasad (PARTNER)     16 September 2013

Getting back land gifted to a defunct co-op society

We have donated a piece of land (surrounded on three sides by our own land) in 1987 to Oilseed Growers Federation Ltd, a village level society. This was done by a registered gift deed signed by our grandfather (Passed away now) and my father. Society built a godown on this site in 1988 (funds for this may have been contributed by state level Oilseed federation). The village level society has become defunct in next couple of years. The godown was leased out initially (probably by state level federation).

Now as we understand some local politicians / land grabbers are trying to grab this land by some means. At the moment this site is in our physical possession.

Instead of letting it to others to grab, we just want to take it back. I think of two ways this can be done.

Revive the village level society and through proper resolutions sell it back to donors at some nominal price(this may need some changes in bye-laws)

Somehow make the gift deed invalid, saying that it was not properly executed or it was made under duress or something on those lines and disputing the gift deed.

Please give your thoughts and advice.



Learning

 2 Replies

Dr. Jyothi Vishwanath (Associate Professor of Law)     16 September 2013

Only the first method is feasible. You can better revive the society and purchase it back.

Challenging the gift deed will not lead to good legal remedy in your favour.

Prasad (PARTNER)     16 September 2013

Thank you very much for the input and I appreciate you for the time and effort taken to reply and contribute.


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