• After acquisition of my land by National Highway Authority do I have the rights to gift

After Acquisition of my land by National Highway Authority do i have the rights to gift part of this land to my Relatives.
Asked 4 years ago in Property Law
Religion: Hindu

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16 Answers

If the land is acquired you don't have any right of ownership over it in that case you cannot gift the said property.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Once the land has been acquired then the title can not be transferred legally

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

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

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

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

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

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

Ajay Sethi
Advocate, Mumbai
87955 Answers
6207 Consultations

5.0 on 5.0

Gift deed would be illegal as your land has been acquired by NHAI

Ajay Sethi
Advocate, Mumbai
87955 Answers
6207 Consultations

5.0 on 5.0

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.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

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.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

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.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

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.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

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.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
78113 Answers
1543 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
78113 Answers
1543 Consultations

5.0 on 5.0

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