Conditional gift deed

Querist : Anonymous (Querist) 25 February 2024 This query is : Resolved
Sir,
In conditional Gift Deed can following conditions be included?

Donee(s) will support and take care of Donor for life time
and flat cannot be sold or mortgaged till one of the donee and/ or Donor is alive

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Quick Summary

This discussion examines the validity of conditional gift deeds, particularly concerning conditions for lifetime support and restrictions on selling or mortgaging the property. While a condition for the donor to enjoy the property until death is generally valid, transferring possession at the time of execution is crucial for the deed's validity. If possession isn't transferred, the gift may be deemed invalid, suggesting a settlement deed might be a more appropriate alternative for such arrangements.

kavksatyanarayana (Expert) 25 February 2024
The condition: The donor can execute a Gift deed with the condition that he will enjoy the property during his life and then the donee/donees can enjoy full rights during his life.

T. Kalaiselvan, Advocate (Expert) 26 February 2024
The gift deed with the conditions imposed is considered as not valid.
Instead a settlement deed can be executed with the said conditions

Advocate Bhartesh goyal (Expert) 26 February 2024
Condition that donor will enjoy property till his death is valid but donor has to handover the possession of property at the time of execution of gift deed to donee and if possession is not handover to donee then such gift is not valid.

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