1)once gift deed is executed duly stamped and registered endowment department would be owner of 2 acres of land
2) it cannot be unilaterally cancelled by you
3) you would need to file suit to set aside gift deed
Sorry, this lawyer can't accept your request, but you can request consultation with another lawyer
What are the Legal rights of heir and on Private Land that was registered to Endowments Department
Sir/Madam, Sorry for lengthy message. We have nearly 12 acres of agriculture land just outside our village. Our Grandparents built and managed 2 small temple shrines in our own land for our family deities and used to do Satsang, Yearly Festival and Purohit work in their time and all were welcome from village to take part in it. After my grandparents passed away my father took the baton and led the charge for nearly 40 years to keep tradition alive. We have proofs of ownership from Munthkhabs to Pahanis to post independence Passbooks showing us as legal owners of land. There was always trouble from some villagers as they claim land belongs to temple and temple shrine belongs to village and they enter the land. We fought back legally many times over last 40 years and even went to high court and got clearance from all courts. We stopped doing Yearly deity celebration 6 years ago as my father(70) and mother couldn't handle it anymore and was ageing and had health issues. We were abused, threatened by mob and some of them entered and did the festival themselves, which we did not object to because it is God and Service. Later next year, two drunken youth destroyed the Shikar of temple because they thought there was some hidden wealth. This was it. So, my parents decided to find a permanent solution to it. They approached Endowments department and at first they refused to take it because of no-income from the temple. Then said, department would take over the temple, renovate it only if we give them some land. So my parents in good faith decided to give our temple, access path to temple via our land and registered our own Private land of 2 acres to Endowments Department of then Andhra Pradesh state. I was always kept out of all issues @village since childhood as they put me up in school in city and 6 years ago when my parents registered the land, I was not in India either due to work assignment. It's been 6 years and not a single time Endowments department showed up or helped renovate it or claimed ownership of the land or did cultivate the late. We asked them many times in written and in-person and still nothing. This is our land and our temple and we gave to department in good faith, but they just doesn't care. So we now want to do it ourselves, but want to do it cleanly and legally. We still have all the 12acres of land in our name in Govt issued passbooks as of today. There is no new survey number for this 2 acres carved out of existing ones.Govt might have the registered document with them somewhere(state got separated, districts changed, division changed, Gram panchayat changed) which we believe will cause problem for us in future again. We now want to re-claim ownership of our land and temple which we gave to Endowments department. Is this possible ? If yes, what is the correct procedure and what rights do I[we] have to re-claim what was ours. Kindly let me know please and many thanks in advance.
Asked 6 years ago in Property Law
Religion: Hindu
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22 Answers
Through what mode you have donate the land ? Is that deed conditional like renovation by dept, duly pooja etc. ?
IF yes than you can get the land back through court order by cancellation of deed whichever registered.
1. this property appears to be an ancestral property
2. your parents gave a portion of the land to the endowments department on a condition and the transfer was not unconditional
3. the condition for the transfer was to renovate the temple and carry out the rituals
4. since none of that is done till today, the transfer is liable to be revoked and the land is required to be reconveyed to the owners
5. for this you will have to file a suit for cancellation of the registered transfer document executed by your parents in favour of the endowments dept.
6. this will be a long drawn battle and would take years to resolve
7. since a govt authority is involved, you will also have to give a pre suit notice to the authority before you file the suit
You need to file a suit to claim the same from them.
1. Your parents have alreadsy registered the land in favour of the Endowment department for a specific purpose.
2. The said specific npurpose beingf renovation of the temple etc. was not complied with by e said department defeating trhe very purpose of the registration of the land in its favour.
3. You can file a declaratory suit praying for a declaration that the said department has failed to comply with the terms/work for which the said land was registered in its favour for which it should be reclaimed from them.
4. The prayer also should include an order upon the Registrar to cancel the said deed of regidtration conveying the title of the said land in favour of the said department.
endowment is a donation of money or property to a non-profit organization once property gifted or donated you cannot reclaim.
Once you have transferred the land to the endowment department by a registered deed, it may not be possible for you to cancel the registration that too after three years of it's registration.
However based on the reluctant and negligible attitude of the endowment department you may file a suit for cancellation of the registered gift deed transferring the land to the endowment department.
Thank you all for your inputs. Gift Deed was Indeed conditional(Temple renovation, regular Puja, Ritual every year etc). State Endowments department says it did not receive the file at all after state separation. State Government land records still show us as legal owner of 12 acres in our patta passbooks(after recent State Land survey) and we even received farmers subsidy from State and Central(Modi Govt - 1 time). Wouldn't this suggest that Department has no further vested interest in it? We already lost 6 years waiting on them along with the revenue on donated land as we stopped cultivating it. If its going to be a long drawn battle as suggested above, can we 1) Start to cultivate the land OR can we sell[2 acres] to any buyers along with rest of the land(as we still have 12acres in our name only) and use some of those proceeds to renovate the temple. Is court battle the only way OR is there is any other way to resolve this. Can we bring Endowments to table and request them to relinquish their rights if they are no longer interested ? Kindly let me know.
Asked 6 years ago
1) entry in revenue records does not confer title to property
2) it is only for payment of property taxes
3) if gift deed is executed duly stamped and registered endowment department would be owner of property
4) cultivate the land don’t sell 2 acres of land
5) endowment department would not cancel the gift deed
Conditional Gifts Are Incomplete Until Conditions Are Complied With; Such Gift Deeds Can Be Cancelled By The Donor.
Have to get deed cancelled first. Registered document cannot be revoked unilaterally and by court order only.
Yes you can try the above vide settlement otherwise court is the only option
In my opinion, even if your wait for 10 more years the state government is not going to initiate any steps in this regard.
Hence you may file a suit for cancellation of the gift deed for the reasons as you have stated here (though it may not be possible citing the limitation reasons), let the endowment department give their reply and fight the case accordingly.
Thank you again. Really appreciate for your time. We will get ready to file a suit in High Court and also explore the possibility of bringing Endowments to table. There are few troublemakers in village and it's truly archaic mob culture that runs the village. 1) What if they get their hands on our gift deed somehow from Govt office before we file a case and they obstruct us from cultivating or even putting up a fence even on other 10acres ?. This will become a huge pain point for us apart from existing problems. Can we get Injunction order if this happens OR would you recommend file a suit first, get a stay, cultivate and fence all ?. 2) They are even spreading the word that 'entire land belongs to endowments' and are scaring away buyers from free market on remaining 10acres. They are openly saying we cannot sell land to anyone outside village. We said Ok, fine.. pay us the price and you can have it all. But they want it at dirt cheap price. Sarpanch, Deputy-Sarpanch, Ward-members are all in it. Maybe I should have mentioned earlier, our main residence is not in Village but in City and hence no firm support for us. Please let me know.
Asked 6 years ago
you can obtain injunction order if any villagers harass you
2) you can file suit fence the land
If no possession has delivered yet, gift not completed, On this ground only gift deed will revoked.
1. You were advised to file a suit including an injunction application anticipating all such problems what you are apprehending to happen eventually, hence better discuss with your advocate on all such issues that may crop up and to tackle them legally.
2. You dont worry about such rumour mongers, they are available everywhere whether in the village or in the city.
You can work out your strategies for disposal and even if it is time consuming, handle patience, dont be excited or anxious about the developments, your patience will reward you.
1. First of all you shall have to clear the title of the land by filing the declaratory suit to reclaim your said land.
2. In the instant case, getting the title clear through Court order is a nust.
1. No. It will show that the department is neither bothered about the gift nor the conditions mentioned in the said gift. Your first step will be to file the declaratory suit and get a favourable order getting the gift deed cancelled. Thereafter lodge a police complaint against few of the mob and if police refuse to regieter FIR, file a Writ Petition before the High Court against police inaction praying for a direction upon police to register FIR, investigate and act as per law to protect you and your properties based on your said complaint.
2. It appewars that there is a syndicated move against you in order to grab your property for a song. First clear of the title by filing the declaratory suit. Thereafter lodge police complaint against the main movers of the syndicate and file W.P. as suggested in my earlier post..
they cant legally stop you in such forcible manner if they do you can take police help in the same
Thank you all for prompt responses. God Bless. While gathering documents, we just realised Gift Deed does not even have any signature from anyone(Comm, Dy Comm or EO's) from Endowments department. All we have in there is 1) Donor (Father) Sign 2) Two Witness signatures and Sub-registrar date/stamp. Would this mean that registration was never fully complete OR it doesn't matter as we already have 'title deed' in their favour even though Donee did not sign to accept it ?. I am not expert as you are all, but from what I read online 'gift deed should be un-conditional and if a condition exists in deed, then it's an invalid deed document'. Is this correct ? We are taking all your valuable suggestions on-board and getting ready. Best Regards.
Asked 6 years ago
Donee acceptance is necessary. It can be conditional but there should be offer and acceptance
Acceptance of the donee is recorded in the gift deed by the donee’s signature and is also substantiated by acceptance of possession of the gift.
2) the acceptance of gift should happen during the life of the donor. The gift may be rendered invalid otherwise
3) in present case gift deed has not been accepted by doneee
Acceptance and delivery of possession is must to complete gift and can be revoked any time before.
Sign shall be consider as acceptance, since no sign, no acceptance and it``s unilateral gift whereas gift is bilateral process. Give and Take.
Gift can be both conditional or unconditional but with affection and no consideration involved,
Once the document is registered with the signatures of the donor and the witnesses in the presence of registrar, it can be considered as a valid document, hence dont get anxious on that issue.
Donee being a government organisation and the gift deed executed in favor of government and the same has been registered in the presence of witnesses, there is no question of disputing this registered document.
Dear
If the land is given to endowment department through gift deed then it cannot be cancelled by your father alone.
You have to file a suit by your name for cancellation of gift deed of ancestral property by your father without consent of legal heirs but that too if he partition of your grandfather property has not been done after his death.
It doesn't matter that land is transferred on department name in records or not.
