Dispute on gift deed
Querist :
Anonymous
(Querist) 01 January 2011
This query is : Resolved
A registered gift deed was executed in favour of donee during the month sep 2007 out of love and affection.In the gift deed it has been mentioned
"THE doner here by conveys grands and transfer the said schedule property described in the schedule below which is valued at 3 lakh 15 thousand INR.By way of this gift and make the donee owner of the land by delivering and placing him in peaceful physical possession together with all right titled interest,profits and demands what so ever in respect of the said property and the donor became destitute of all rights titled interest etc in the same.In another paragraph of the deal it has been mentioned and whereas the donee is at liberty to use and enjoy the said land hereby transfered and convey the same at his sweet will in any manner and the adjoining plot owners are permitted to use the said plot as a road only permitted before,the purchasers of adjoining land to whoom the donor has already sold have no rights to do or involve in any construction work without the written permission of the donee."
MY QUESTION IS WHEATHER THE REGISTERED GIFT DEED CONTAINING THE ABOVE 2 PARAGRAPHS WILL BE TREATED AS CONDITIONAL GIFT DEED?can THE SAID REGISTERED GIFT DEED CANCELLED UNILATERALLY WITHOUT COURT OF LAW?
Chanchal Nag Chowdhury
(Expert) 01 January 2011
The Gift Deed is an UNCONDITIONAL GIFT DEED. The CONDITION as has been stated prevailed prior to the execution of the Gift Deed and is only a reiteration of the position.
