• Conditional gift deed

Donar had gifted (registered) property 25 + years back for art college (no other conditionand no restriction for sale).but the college was not built in that permisses.both donor and donee passed away 10 yrs back.property was transfered to donees sons who sold it to me 4 yrs back and is now in ragistrar account (khatoni khata land database)
Now in 2019 one NGO is trying to accquire it 'and threatning me for fillinf suit against me help
Asked 6 years ago in Property Law
Religion: Hindu

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12 Answers

Once gift deed is executed duly stamped and registered donee would be absolute owner of property 

 

2) suit ought to have been filed to set aside gift deed if no art college was set up 

 

3) sale by donor legal heirs do not confer clear and marketable title to property 

Ajay Sethi
Advocate, Mumbai
99811 Answers
8147 Consultations

If donee is govt then govt can allot property to any NGO 

Ajay Sethi
Advocate, Mumbai
99811 Answers
8147 Consultations

It is not clear what right the NGO has in the property.

If the NGO has nothing to do with the donor or the donee then its threats are emty words and does not carry any weight at all.

The gift if dne between two private parties then irrespective of the intention behind the gift the government can not have any interest in it and hence can not hand it over to another body unless and until it acquire it for public purpose on payment of adequate market price to the present owner.

 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

1.  IRRESPECTIVE of the criteria /condition of the "Donor" for Gifting the "land" property to "Donee", the Donee derives rights to refuse to construct college building for the specific purposes, more so since money for college building was not given or money was not available.

2.  IF the said property was duly transferred to Donee's Son, by following due procedure of law (stamp duty paid registered document", THEN nobody (including NGO) can stake claim on such property, more so since the there is no privity of contract between the original Donor, the Donee and now the donee's son.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

See gift cannot be conditional it has to be absolute so in case.it.was gifted and possession was given even then if there was no college built the gift is valid.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See NGO can ask for allotment of separate land from government but cannot ask for land in your ownership or ownership of any.other third party.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Let them file you can contest the same. 

Prashant Nayak
Advocate, Mumbai
34540 Answers
249 Consultations

NGO has no locus standi, if property is not put to use for purpose only donor could have file case for revocation of gift deed in his life time.

Now gift is complete , not even legal heirs of donar can question. Conditional Gifts Are Incomplete Until Conditions Are Complied With; Such Gift Deeds Can Be Cancelled By The Donor

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

After the gift deed has been executed it cannot be cancelled unilaterally. However, if the donor and donee are into a positive agreement to cancel the gift deed then it may be cancelled by executing a deed of cancellation.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Let the NGO claim this property, if you have bought it by a registered sale deed, then you can challenge the same properly in court of law.

The property was donated by a donor to  the donee and the donee is reported to have died intestate upon which his legal heir has sold this property by a registered sale deed, ther is no legal infirmity in it, you may have to fight on the same grounds only.

 

 

T Kalaiselvan
Advocate, Vellore
90013 Answers
2497 Consultations

The cultural NGO has got nothing to do with this private property.

If at all they claim any property from government let them do it  but not with your property.

You may discuss with your advocate at length and proceed on the advise rendered to tackle this issue as per law.

 

T Kalaiselvan
Advocate, Vellore
90013 Answers
2497 Consultations

Dear

A gift as per law cannot be conditional and gift transfers absolute ownership to donee.

So legal heirs of donee are absolute owner and can sell the property.

The NGO cannot file suit if they have no right over the property the suit is likely to be dismissed if filed by NGO.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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