Property acquired through registered gift deed
ashok kumar soni
(Querist) 18 September 2014
This query is : Resolved
My wife Urmila Soni acquired a House from his real brother Mr. Suresh Rathi on 13-2-2007 through a Registered Gift Deed. In this deed it is clearly mentioned that Urmila will be an owner of this house from this date onwards. Next to it a condition is written that " Urmila is not allow to sale this house till the marriage of her 3 daughters "
After around 6 years on 20-3-2013 Urmila gifted this house to her daughter Raveena age 21 through a Registered Gift Deed.
On 12-6-2103 Mr Suresh Rathi filed a Suit before ADJ Court under sec. 7 rule 1 and under sec. 39 rule 1 or 2 for revoke and T.I.
Court issued T.I.,Please help to save the property for my daughter Raveena.
Anirudh
(Expert) 18 September 2014
A gift may be made subject to conditions, either precedent or subsequent. A condition precedent is one to be performed before the gift takes effect; a condition subsequent is one to be performed after the gift had taken effect, and, if the condition is unfulfilled will put an end to the gift.
In this case it appears that the condition is subsequent that the property shall not be sold until the marriage of three daughters of the donee.
Pl. indicate when the gift was made by Urmila on 20.3.2013, whether her three daughters were married or not. THAT IS VERY VERY CRUCIAL and that will be the key to the decision in this case.
ashok kumar soni
(Querist) 18 September 2014
Urmila already gifted this house to her daughter Raveena aged 21, by concealing this fact Suresh filed this case against Urmila to discount this condition. The condition is for sale or mortgage only but Urmila only gifted to her daughter and eligible to do so as per condition. Gift not cover the term of sale or mortgage. What Urmila or Raveena done wrong for that this case is running ?
All three daughters aged 23,21,12 yet to be married.
How their personal right of marriage can be conditioned by some one else?
ajay sethi
(Expert) 18 September 2014
conditional gift deed has been executed wherein your wife was not supposed to create third party rights till all 3 daughters are married .it is immaterial whether it is sale or gift . gift would stand revoked. brother would succeed in the case
ashok kumar soni
(Querist) 18 September 2014
Sec.126 of Transfer of property Act clause (v) the condition should not be illegal, or immoral and should not be repugnant to the estate created under the gift.
The Act of the condition is to be performed by daughters. How this condition can be fulfilled by donor or donee? If one of daughter not performed marriage than who will have absolute right for this property?
In condition Urmila restricted for Financial Gains by "sale or mortgage" that also not materialised. She gifted to own daughter for whom this marriage condition is placed. Now, She is of 21 and hold the right of marriage. How she can be forced to marry for this property ?
please convey me the merit of this condition. Please cooperate with me.
Thanks
Anirudh
(Expert) 19 September 2014
There does not require any co-operation from our side.
You have some points to argue. Put forward such argument before the court and wait for the decision.
Advocate. Arunagiri
(Expert) 19 September 2014
The condition is that the property can be sold after the marriage of her three daughters.
Assuming that the one or more of the daughters refusing to marry, still the condition will apply, property can not be sold.
The donor has every right to revoke the gift deed as the condition is violated.
ashok kumar soni
(Querist) 22 September 2014
No agreement signed between both regarding this condition. and nowhere donee agreed that if condition breeched than she is agree to revoke. Merely Donee written a clause only of this condition. Before this he clearly declared and written that she will be the absolute owner of this house.
The Donee residing in this house since last 7 years and spent huge money for reconstruction of this, that means all go in waste. Merely Gifting to her own daughter is enough to loose her property for Donee. Even the donor have no benefit from this condition and just putting the clause in deed is enough to recapture his property after 7 years ?
What conditions covered under illegal,immoral, repugnant to estate or restricting alienation ?
Urmila will loose the house because she gifted to her daughter ? She was termed not to 'sale or mortgage', by that, she can benifited financially but merely gift without any gain, is enough to loose ?
If there is any hope please response ?
Anirudh
(Expert) 22 September 2014
We have already indicated our views.
You are persisting.
But, please understand, our agreeing or disagreeing with your view points is not going to be of any use or help to you before the Court.
The Case has to be fought before the Court. As already told to you, you have certain arguments. Please put forward all the arguments before the Court and fight your case.
ashok kumar soni
(Querist) 22 September 2014
Thanks for sharing with me,
Yesterday, T.I. Order issued in favour of Donor. ADJ Judge is not ready to hear us. We belong to small town. The rich donor dominating. I forced to appoint 3 advocates, only last one at least submitted the reply.
Advise me, it will be good for me to appeal in High court or not ?
Advocate. Arunagiri
(Expert) 22 September 2014
Legaly you have no chance to win in High Court also.
But, I suggest you to request the Donor and compromise with him.
Ask him to waive the conditions, by a rectification deed.
