Conditions in gift deed document
Mohammad Yasin Chimaukar
(Querist) 30 November 2023
This query is : Resolved
Dear Sir, I am a Muslim, aged 69 years old. I have decided to execute a gift Deed of a flat in a registered Society in Mumbai to my Minor Son, aged 10 years old.
The property is self acquired.
1. Can I become the legal guardian to accept and take care of the gift.
2. Can I write following conditions in the gift Deed document.
" (f) The transfer have been made subject to the condition that Donee or Receiver of the gift is liable to take care of his father and mother physically in terms of all kind of expenses, food, medical, travels and accommodation within the same property, staying with him, under the provision of Maintenance and Welfare of Parents and Senior Citizens Protection Act. This gift deed will become null and void If the donee refuses or fails to provide such amenities and physical needs to the donor.
(g) Receiver of gift is not allowed to sell, mortgage, lease, rent or obtain or arrange any nature of loan or advance money without written permission from his father and mother. It will not applied after the death of father and mother. "
Is this acceptable in law and document will not be treated as null and void?
Yours expert opinion will be highly appreciated.
kavksatyanarayana
(Expert) 30 November 2023
The above matter expressed by you is acceptable in the Gift deed and you can gift it as mentioned above.
T. Kalaiselvan, Advocate
(Expert) 01 December 2023
It is not a gift deed instead it is a conditional settlement deed.
Yes this is permissible and legally valid.
You can proceed.
