Normally the process is irrevocable but you should file for cancellation of the deed on grounds of fraud and cheating.
Mr. X requested me to donate a plot (for construction of a building for starting an ITI) for the benefit of the youth of our village as well as surrounding villages. Since the proposal meant the technical training of youth of our village in Bihar, I donated an agricultural plot of 20 Decimal to a Trust formed by Mr. X who stays in Calcutta and the Plots was registered in the name of the Trust of Mr.X in the year in 2014. Till date he has not constructed a building on the plot. I would like to know whether there is a legal remedy for getting back the plot since he has not put to use the plot the purpose for which he had sought the plot. I have not put any condition for the transfer of the plot. Can a plot donated to a Trust be returned back by the Trust. He stays in Calcutta and i reside in Hyderabad.
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Normally the process is irrevocable but you should file for cancellation of the deed on grounds of fraud and cheating.
1. Move Civil Court, for revoking the Donation /Gift Deed to the Trust, for failure to meet the objectives of donating the Plot of land. This is possible only thru a Court Order. Take plea that Plot of Land shall be used for some other public spirited objectives.
2. Before above, issue legal notice to the Trust, to duly return the plot back, via a Cancellation /Revocation Deed.
Yes legal remedy is available in this case if the the terms and conditions of the gift has not been completed by the trustee you can file a civil suit in the court in this regard to to cancel the registration of the property registered in favour of the trust for opening industrial training institute for the benefit of youth as the trust has not completed its promise the property can be transferred in your name by cancellation of registration date as soon as you get the order of the court the property will be transferred in your name
Purpose of gift must be mention in gift deed, any time period that from which date, any activity will start ?
Well, donee failed to perform purpose for whcih land is gifted and considerably, enough time has pass. Therefore on failure to serve purpose of gift by donee, you are entitle to revocation of gift deed.
If he dose not agree for revocation deed, than have to file suit for revocation of gift deed.
1) gift deed should have contained clause that land would be construction of IT college
2) there no such clause in gift deed
3) gift deed can be cancelled by mutual consent
Dear Sir,
You may get back the property by cancelling your registered gift deed or any other such deed since it is not used for the purpose of which it was donated.
It can only be returned by trust unless you have transferred the same through a revocable deed in which the transfer will be revoked if the said plot will not be used got that purpose for which the transfer was made
Since the plot has been transferred to the Trust by a registered gift deed, it cannot be revoked for any reason.
If there is clear and unequivocal manifestation of the intention to create a trust and there is formal divesting of ownership in the property on the part of the donor with the intention of devoting it to the religious or charitable purpose, dedication must be deemed to be complete.
In that event the gift deed cannot be revoked even if the property donated to the trust remains in the same status and has not yet been utilised by the trust for the specific purpose.
Section 123 of Transfer of Property Act 1882 : "Transfer how effected" 123. For the purpose of making a gift of immovable property, the transfer must be effected by a registered instrument signed by or on behalf of the donor, and attested by at least two witnesses.
Sec 122 of the Transfer of Property Act defines a gift which has
the following essential requisites:-
i) There must be a transfer of ownership of a property;
ii) The property should be of existing property;
iii) The transfer should be voluntary;
iv) It shall be without consideration;
v) It can be of movable or immovable property;
vi) The transfer should be accepted by the Donee from the
Donor;
vii) The acceptance of the transfer must be during the lifetime of the donor and he must be still capable of giving.
In the event of the donor dying before acceptance, the gift
is void.
1.2. There is no mention of delivery of possession of property in Sec
122 which defines a ‘gift’. The requirement of acceptance by
the donee would mean the donee agreeing or giving consent to
the said gift. Conditional gifts can also be made by the donor
but the condition must not be repugnant to any of the Sections
10 to 34 of the Transfer of Property Act. Even in the definition
of conditional gifts also, no mention of delivery of possession.
1.3. Sec 123 of the Transfer of Property Act makes a reference ‘to
delivery’. This section deals with the mode of transfer in the
case of gifts. It provides separate provisions for the gift of
immovable and movable properties.
With regard to gifts of immovable property, Sec 123 provides
the transfer must be effected by a registered instrument signed
by or on behalf of the donor and attested by at least two
witnesses. Two essentials have been prescribed for the transfer
by way of gifts namely.
i) Must be effected by a registered instrument;
ii) Attested by atleast two witnesses. No mention is made
with regard to delivery of possession. One of the prerequisite for registration is the transfer must be in writing
and cannot be done orally. The registration must be
completed in the manner prescribed by the Indian
Registration Act, 1908. In other words, gifts of
immovable property are compulsorily registrable and it
amounts to notice for a subsequent transfer and not for
earlier transactions prior to registration.
You cannot challenge the donation of plot to trust If you have not mentioned any condition for transfer of plot and plot was Transferred without any fraud or coercion.
And if you want to challenge the transfer of plot then you have to prove that it was transferred due to misrepresentation of facts and fraud.