Once gift deed is executed duly stamped and registered trust becomes absolute owner of property 

2) suit to set aside gift deed has to be filed within period of 3 years

3) your claim is barred by limitation 

File suit to set aside gift deed as land is not used for the purposes for which it was gifted 

2) take the plea that although 50 years have passed till date no community hall has been constructed 

Property is gifted for construction of community function hall but no function hall is constructed. Gift is conditional subject to construction of community function hall. As no such function is constructed, gift becomes revokable by the donor or legal heirs of doner. Since failure to construct the community function hall is continues omission, no limitation is applicable. You can seek the revocation of gift as legal heir. Issue lawyer's notice  seeking construction within one year warning of suspension of gift. After one year file a suit in district Court of cancellation of gift.

- As per law, a Gift Deed, once executed and registered cannot be revoked.

- Further, if the mandatory requirement of Section 126 of Transfer of Property Act, is not fulfilled , then the said Gift deed can be cancelled. 

- Further, When a gift is incomplete and title remains with the donor the deed of gift might be cancelled.

- And Further, A gift can be revoked if the donee fails to adhere to the conditions laid down by the donor at the time of drawing up of the gift deed.

- Since, the said gift deed was executed in favour of the Trust for the community function hall , and in the absence of fulfillment of the condition , this gift deed can be revoked legally after filing a Declaration suit .

- Moreover , in the absence of fulfillment of the condition , then section 126 of Transfer of property Act is also not fulfilled , and thereby the possession remained with your grand father , hence also this Gift deed is fit for revoke.

- Hence, after the being the legal heirs your father can approach the court for cancelling the gift deed. 

Unless there is a pact between the contracting parties stating that the gift can be revoked on the occurrence of a certain event, a gift can't be revoked. Section 126 of the Property Transfer Act provides for situations wherein a gift deed may be revoked by the donor.

According to Article 59 of the Limitation Act of 1963, a person seeking to cancel the Gift Deed (the plaintiff) has three years from the date he or she learns of the fact that entitles him to do so to have the Gift Deed cancelled or set aside.. 

Therefore your claim may be barred by limitation too. 

If the clause of revocation while executing  gift deed has been made then as a condition subject to construction of community function hall and the same has not been constructed or complied with till this date then it can be a continuous cause of action therefore it cannot be said to be barred by limitation if you propose to file a suit to cancel the gift deed and for consequential  possession of the gifted property.

You can consult an experienced advocate and proceed to file a suit on the basis of the conditions of the gift deed. 

dear client a gift can be removed if the objective on web for which the gift has been given has not been fulfilled

Yes its 3 years from knowledge of the same

Take legal proceedings to direct trust to use the property for the purpose for which it was gifted 

2) seek orders to direct the trust to return  the property if they fail to use it for the said  purpose 

You need to check the facts whether you can combine things to the trust but you can challenge the gift deed if the same is void

The transfer of property by a conditional gift deed,  if condition is breached,  can be revoked provided you prove the same by producing substantial evidence supporting your pleadings. 

You may file a suit in consultation with an experienced lawyer to retrieve possession after cancelling the gift deed. 

Dear Sir,

Yes, the legal heirs may challenge the said violation of terms of Gift Deed and get back the property which was gifted to the Trust.

Dear client, 

If the trust to which your grandfather gifted the property is not a registered trust, it may have implications on its legal standing and enforceability. However, I am not a lawyer, and the specific laws and regulations regarding unregistered trusts can vary depending on the jurisdiction.

In general, a registered trust holds more legal weight and credibility compared to an unregistered trust. An unregistered trust may face challenges in asserting its rights and carrying out certain activities, especially if it involves property transactions or commercial use.

In your case, if the unregistered trust is not willing to use the property as a function hall as you desire, it would be advisable to consult with a lawyer who specializes in property and trust law. They can review the specific details of the trust and the property ownership, and provide advice on the legal options available to you.

The lawyer may assess whether the trust has the legal authority to use the property for commercial purposes or whether it is limited to certain specified purposes. They can also guide you on potential legal remedies, such as seeking an injunction or legal action to protect your rights and interests, or exploring options for resolving the dispute through negotiation or mediation.

It's important to consult with a qualified legal professional who can provide advice based on the specific laws and regulations applicable in your jurisdiction and the details of your case. They will be able to assess the legal standing of the unregistered trust and provide guidance on the best course of action for you to pursue.

- You can approach the court for cancelling the trust .