LAW FOR ALL

Whether the Assigned land can be gifted to the legal heirs ? = A perusal of the D-Form patta shows that under condition No.1, the assigned land is heritable, but not alienable. Petitioner No.1, being the son of petitioner No.2, the latter is entitled to bequeath the property in favour of her own son, as such disposal does not constitute alienation in favour of third parties. Respondent No.2 has failed to find the legal distinction between the alienation in favour of third parties and family settlement among the family members. Hence, this Writ Petition is disposed of with the direction to respondent No.2 to receive the gift deed sought to be presented by petitioner No.2 and register the same subject to the latter complying with the statutory requirements of the provisions of the Registration Act, 1908 and the Indian Stamp Act, 1899.