Conditional gift deed - is it possible?
mrgop
(Querist) 04 May 2012
This query is : Resolved
My mother want to give me a portion of land, which is presently under her sole ownership, through gift deed for building my own house. But, she wants to ensure that she has the right to live in that newly constructed house in her lifetime.
Can I put such condition at the time of execution gift deed ie.even before the construction of house?
So, please tell me how to include that condition in gift deed without other legal complications.
Raj Kumar Makkad
(Expert) 04 May 2012
It is very easy. The gift deed can be got drafted conditional. 'In case of violation of the term of right to live in with full dignity during her life time, your mother shall be entitled to get the deed cancelled' may be inserted as a prime condition by your mother in the deed and you being donee can duly accept this term.
Nadeem Qureshi
(Expert) 04 May 2012
Dear mrgop
The gift Deed can be conditional and after fulfill that condition the property will be transfer and get the interest in the property otherwise the gift will not be completed.
feel free to call
R.K Nanda
(Expert) 04 May 2012
Yes, conditional gift deed is possible.
ashutosh mishra
(Expert) 05 May 2012
A gift may be conditional subject to provisions of TPA as laid in section 26 cited below:
26. When gift may be suspended or revoked.—
The donor and donee may agree that on the happening of any specified event which does not depend on the will of the donor a gift shall be suspended or revoked; but a gift which the parties agree shall be revocable wholly or in part, at the mere will of the donor, is void wholly or in part, as the case may be.
A gift may also be revoked in any of the cases (save want or failure of consideration) in which, if it were a contract, it might be rescinded.
Save as aforesaid, a gift cannot be revoked.
Nothing contained in this section shall be deemed to affect the rights of transferees for consideration without notice.
ashutosh mishra
(Expert) 05 May 2012
You should also go with the following provision of THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007
section 23. Transfer of property to be void in certain circumstances : (1) Where any senior
citizen who, after the commencement of this Act, has transferred by way of gift or otherwise, his
property, subject to the condition that the transferee shall provide the basic amenities and basic
physical needs to the transferor and such transferee refuses or fails to provide such amenities
and physical needs, the said transfer of property shall be deemed to have been made by fraud or
coercion or under undue influence and shall at the option of the transferor be declared void by the
Tribunal.
(2) Where any senior citizen has a right to receive maintenance out of an estate and such estate or part thereof is transferred, the right to receive maintenance may be enforced against the transferee if the transferee has notice of the right, or if the transfer is gratuitous; but not against
the transferee for consideration and without notice of right.
(3) If, any senior citizen is incapable of enforcing the rights under sub-sections (1) and (2),
action may be taken on his behalf by any of the organisation referred to in Explanation to subsection (1) of section 5.
ajay sethi
(Expert) 05 May 2012
agree with experts conditional gift deed is valid
Deepak Nair
(Expert) 05 May 2012
Yes. Your mother can execute a conditional gift deed. But, there is another option of executing a will in your favour by your mother, which can save the court fee.
senkottayan
(Expert) 05 May 2012
conditional gift are valid..
Shonee Kapoor
(Expert) 06 May 2012
Nothing left to be added.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
adv. rajeev ( rajoo )
(Expert) 05 May 2012
