CAN I GET BACK LAND MY FATHER GIFTED TO CHURCH OR SCHOOL OR MOSQUE, WHAT DOES THE LAW SAY ABOUT GIFTING LAND TO INSTITUTIONS ?.

When Mzee Matovu reached the ripe old age of 70 and survived an attack from the village thieves, he decided to give his land to the church. Matovu decided on new year's day, and the church decided to go and start over in the next village because there were only 12 congregants of the church interested in attending the service in the whole village. Can the church sell the land? Matovu's children and relatives believe the land belongs to them and that it was only lent to the church. Is land given to churches/mosques only borrowed?

WHAT DOES THE LAW SAY?

By law, each one of us is allowed to give away our property the way we want. This can happen either when you are still alive or when you are dead. When you are alive, and you give away the land to someone, it is called a gift intervivos (during the giver's lifetime).

In short, Mzee Matovu is allowed to give away his land as a gift while he is alive. As long as he is the owner of the land, he was not forced, threatened or tricked into giving away his land. However, to make this gift legal, there must be two things;

1. The gift must be given in writing, and the document signed. (This can be an agreement or a transfer document).

2. The gift must be accepted by the recipient (the church or the mosque). This can be done through a written acceptance by whoever is receiving it or by taking possession of the gift.

Source; BarefooLaw

So Matovu's family cannot legally claim that the land was only borrowed.

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