if land is elf acquired land of your father your NOC is not necessary for executing gift deed
2) you can sub divide the land by execution of partition deed
Gift deed for donation to public trust Gujarat
We have joint agricultural land adjacent to a public trust. I myself my brother and my farther are owner. My father want to donate his 1/3 share as Gift to the trust. Sub registrar Dabhoi want to have NOC from both sons or the make different Khatta of all three and than to approach for registering gift deed
Asked 2 years ago in Property Law
Religion: Hindu
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6 Answers
As the jointly owned property has not been partitioned and still held by all the three jointly, without partitioning the property your father's share in the property has not been identified, hence it is advisable that a family partition can be executed and revenue records may be mutated accordingly to enable your father to donate his share of property by a registered gift deed as per desire.
In the gift deed in favour of the Trust all there of you will have to sign as donors.
Mere NOC will not entitle your father to gift it on his sole name.
1. The Sub Registrar is right since the property is owned jointly by you, your brother and your father in undivided proportion.
2. Hence you and your brother have to give NOC to enable your father to execute Gift Deed of 1/3rd share in favour of the trust , as it's jointly owned property.
3. Or else for each 1/3rd property individually owned by all the three, separate Khata has to be obtained so that your father can gift his 1/3rd individual share in the property to the trust.
Dear client, to transfer the joint agricultural land where 1/3rd is of your father’s. The other joint holders who are sons have to submit NOC to register the sale deed to the trust.
He can directly execute gift deed if it is his self acquired property
