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Conditional gift deed

(Querist) 03 February 2022 This query is : Resolved 
whether the gift deed shall be valid executed by mother in favour of his Son which such condition that, the Son shall be exclusive owner of the gifted property only when mother or donor expired.
P. Venu (Expert) 03 February 2022
A deed of settlement could be executed with the mother retaining possession during her lifetime.
SHIRISH PAWAR, 7738990900 (Expert) 03 February 2022
Hello,

Mother can also execute the will in favour of son so that property can be transferred to son after her death.
Advocate Bhartesh goyal (Expert) 03 February 2022
Such condition invalidate gift deed and document will be deemed as a will.
kavksatyanarayana (Expert) 03 February 2022
Such condition is correct and we find in many gift deeds. So such a conditional gift deed is valid.
Dr J C Vashista (Expert) 04 February 2022
I think conditional gift is invalid, can you please clarify.
kavksatyanarayana (Expert) 04 February 2022
The Donor can reserve life interest while gifting his property to the family members.
Advocate Bhartesh goyal (Expert) 04 February 2022
A gift is generally regarded as a transfer of ownership of property without any consideration. It may be in the form of movable and immovable properties and parties may be two living persons.when the transfer of property without any consideration takes place between two living person it is called "Gift" and when it takes place after the death of transferor it is known as "Testamentary " transfer.Here condition is that ownership will be transferred after death of donor so it is not a gift and will be treated a will.
kavksatyanarayana (Expert) 04 February 2022
OK, sirs. But with such conditions, the SRs in AP register such documents, and even the Accountant General, AP does not object to it.
Adv Shailendra Deshpande (Expert) 04 February 2022
Conditional gift deed is valid as long as it fulfills the essential requirements of execution, attestation and registration as per TP Act. There is no requirement for delivery of possession in case of an immovable gift as per judgement given by Hon'ble SC in the case of Renikuntla Rajamma v. K. Sarwanamma, CIVIL APPEAL NO. 4195 OF 2008.
Sri Vijayan.A (Expert) 04 February 2022
It is valid document.
She transferred her property to you reserving life interest.
The yield from the property, like rent, etc is enjoyed by her. She cannot alienate/ transfer the property to any other person. After her life time, the property shall be fell on you.

srivijayan.a@gmail.com
Nadeem Qureshi (Expert) 05 February 2022
Dear Querist
That gift is valid but the condition is void ab initio and against the law.
As per the contents this is not a gift but a Will.
Adv K Rajasekharan (Expert) 05 February 2022
The Supreme Court (SC), in paragraph 11 in Renikuntla Rajamma (D) By Lr vs K.Sarwanamma, says that a conjoint reading of Sections 122 and 123 of the Act makes it abundantly clear that “transfer of possession” of the property covered by the registered instrument of the gift duly signed by the donor and attested as required is not a sine qua non for the making of a valid gift under the provisions of Transfer of Property Act, 1882.

In paragraph 19 of the above judgement the SC adds that what is retained is only the right to use the property during the lifetime of the donor, which does not in any way affect the transfer of ownership in favour of the donee by the donor.

Please see the judgement at https://indiankanoon.org/doc/11608427/

Adv K Rajasekharan (Expert) 05 February 2022
Just after posting this answer, I have come to notice that the judgement has already been pointed out by another expert under this thread.
kavksatyanarayana (Expert) 05 February 2022
Thank you to all the above experts.


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