Clause in gift deed

Querist : Anonymous (Querist) 05 December 2021 This query is : Resolved
Grandfather is gifting flat to minor grandson, but has right to share the said flat, take rental income and to arrange for expenses throughout his (grandfather) life. Request experts advice on below clauses of this conditional gift deed.
(1) Actual physical possession of the Said Property has been handed over by the Donor to the Donee, and Donee is in possession of the same at the time of execution of this Gift Deed. Donor, being head of the family, is entitled to share the said property with Donee.
(2)Donor is entitled to receive the leave and license fees, rents, issues and profits thereof and of every part thereof to during his life time for his own use.
(3)All Society charges, Municipal and other taxes, and other maintenance expenses relating to the said Property shall be borne, paid and discharged by the Donor throughout his (Donor) life, and thereafter that shall be borne, paid and discharged by the Donee.

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Quick Summary

A grandfather is gifting a flat to his minor grandson but wishes to retain certain rights during his lifetime, including sharing the property and receiving rental income. He also wants to cover expenses. The discussion explores the validity of clauses that allow the donor to retain a life interest and rental income, while also considering the legal implications of a gift deed once accepted by the donee.

kavksatyanarayana (Expert) 05 December 2021
The Donor can retain only his life interest over the property without any such clauses narrated in your query.

SHIRISH PAWAR, 7738990900 (Expert) 06 December 2021
Hello,

Yes, as per clauses given by you Donor can enjoy rental income during his lifetime from the property. However, the whole document has to be read for properly interpreting document.

Dr J C Vashista (Expert) 07 December 2021
Once the donee has accepted the gift, donor has neither any interest, nor claim or right in the property.
Gift cannot be conditional.

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