If the land is acquired you don't have any right of ownership over it in that case you cannot gift the said property.
After Acquisition of my land by National Highway Authority do i have the rights to gift part of this land to my Relatives.
If the land is acquired you don't have any right of ownership over it in that case you cannot gift the said property.
If i have gifted the part of my land to my brother and nephew which has been acquired by National Highway Authority the Gift Deed will be canceled or it will be legal and do i have rights to cancel the deed.
It would not be valid after the notification the gift deed won't be valid .you don't have right to cancel the government the NHAI shall file case against the brother and nephew.
If you have gifted the property before acquisition then the brother and nephew will receive the benefit of the land and title will be transferred in favor of NHAI.
Regards
After accession of land by National Highway Authority you can claim compensation as per RFCTLARR.
That land may not be on sale or transfer at the time it is required. In order to obtain land when and where it is needed, governments have the power of compulsory acquisition of land: they can compel owners to sell their land in order for it to be used for specific purposes.
Once you have gifted it will become their self acquired property and they can dispose off the property as they want the only option left to you is to file a suit for declaration stating that the gift was made by coercion and fraud. Your petition must be filed within limitation of 3years from date of execution of gift deed
The acquisition of land belonging to you has been done by the govt under the new land acquisition act,2013. Once you have gifted away tu he property and they have taken possession the deed is irrevocable. The govt has acquired the Lnd and hence they will be getting compensation.
Regards
If your land has been acquired by NHAI you are no longer owner of the land
2) you cannot execute gift deed of part of land in favour of relatives
This is my response to you:
1. Since it is acquired and formal communications have been made to you then you cannot gift it;
2. Also if you executed a gift deed, the same needs to be registered;
3. If it is not then you still continue to be the owner;
4. If it was accidentally registered then it amounts to contempt;
5. If it was acquired you cannot create third party rights without the permission of the officer or the authority;
6. So state your full facts and consult a local lawyer before going ahead with the same.
Firstly, as per the information mentioned in the present query, makes it clear that land has already been acquired by the NHA.
Secondly, and I believe that you must have been compensated for the same.
Thirdly, now if you have a part of land left with you then you have all right to gift it to anyone if it is not the ancestral land then only otherwise other members would object to it.
Fourthly, and if you have left with no land then you should not transfer it to anyone as later on in the future NHA May file some criminal cases against you.
Your land having been acquired by property, you do not have the title over your properties/land any more and hence you can't part away with it in any form.
If your land is acquired by NHAI, do not possess any title to transfer it to other person and hence any such transfer would be void.
Such gift deed executed by you would be invalid.
Any gift deed executed by you to any relative after acquisition would be invalid in the eyes of law.
If the gift deed was executed and registered before the land was acquired then the compensation it by the government for such acquisition would be given to the recipient of the gift deed.
After acquisition of land where do you have land to gift it to anyone?
Even though you may physically be in possession of the land, once the land is acquired then you are no more the owner of the property, hence dont venture into such illegal ideas.
If i have gifted the part of my land to my brother and nephew which has been acquired by National Highway Authority the Gift Deed will be canceled or it will be legal and do i have rights to cancel the deed.
If you have gifted the land by a registered gift deed well before the land acquisition notice was notified and you are not in possession of the property in the revenue records as well, then the authority will acquire the proeprty from the actual owner, whereas inf you have done that after then it will be automatically cancelled and the compensation would be paid to the actual owner.