Gift deed
Querist :
Anonymous
(Querist) 01 November 2011
This query is : Resolved
Sir, My father got a piece of plot measuring 125 Sq. Yards from his father by way of gift deed. My father now aged about 50 years old asking Rs.7000/- p.m. each from me and my brother (total Rs.14000 per month) for transferring the said piece of plot (now the market value of plot is about 17 lakhs) infavour of me and my brother. My father is saying that I will register the said plot by way of gift deed infavour of us with the following conditions.
1) We have to pay Rs.14000/- every month towards maintenance till he and my mother alive, if we fail to pay the maintenance of Rs.14000 p.m. he will cancel the gift deed and take back the said plot from us.
2) We can make any construction on the said plot and take the rents but we can not sell the said plot till he and my mother alive.
This type of agreement is legally valid or not. Is there any problem if we agree for this conditional gift deed.
My father is threatening that if we do not accept to the above conditions he will sell the said plot to some outside person without our consent. Is he having full rights to sell the said plot without our consent since the plot he got from his father (means our grand father) by way of gift deed.
Pls reply. E-mail- kishorek_in@yahoo.com Cell : 9440145576
ajay sethi
(Expert) 01 November 2011
your father was gifted plot of land by his father . your father is absolute owner of said plot . he is at liberty to dispose it as he pleases . i presume it was your garndfather self acquired plot which he gifted to your father .
if you father wants some security for his old age and wants you and your brother to pay Rs. 7,000 / a month till he and your mother is alive it amounts to a conditional gift and it is valid /.
think about your old parents too . they need security of steady income in old age
Shonee Kapoor
(Expert) 01 November 2011
It is sad, that father has to resort to conditional gifts, the sons should suo-motto agree to pay the said amount or any amount for their well-being and upkeep and advise the father to will it instead of gifting it.
However a way is suggested rightly by Ld. Mr. Sethi.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 01 November 2011
Even if your father does not GIFT you the property in question he and your mother has right to to force you two brothers to pay up to Rs.10000/= a month by way of maintenance
by initiating proceedings under THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007,so it is not a bad bet for
you even commercially if you do not think morally.
Querist :
Anonymous
(Querist) 02 November 2011
Thanks for the replies. But this is not the single plot my father got from his father, my grandfather has given different properties (almost 50 lakhs worth now). but my father has sold all these properties and nothing he left for us and moreover he has not earned. This is the last plot left which was earned by my grand father. however, we are ready to pay maintenance but i would like to know whether the conditional gift deed is legally valid or not or any other type of procedure is there in law which will not trouble my parents and us also.
prabhakar singh
(Expert) 02 November 2011
The law relating to Gift of immovable property is found in Transfer of property Act.[sections 122 on wards are the relevant provisions.
The following are the elements in any legal gift:
*The Absence of Consideration
**The Donor
***The Donee
****The Subject Matter{must be inexistence}
*****The Transfer[delivery of possession]
*****The Acceptance
Mode of Transfer- Immovable Property by gift:
a]execution of deed bilateral[between donor and donee and both of them should sign]
b]Attestation by at least two witnesses who state that[executant] donor has signed before them and they have signed before donor.[see section 3]
c]Its registration is a must.
Now coming to CONDITIONAL GIFTS[TPA section 126]conditional gifts are allowed by law.
The requirements as to validity of conditions are as follows:
1]A condition should not be vague.
2]A condition should not be inherently impossible of performance.
3]The condition should not be illegal.
4]The condition should not be immoral.
5]The condition should not be opposed to public policy.
Hence if the conditions attached to a gift, whether as conditions precedent or as conditions subsequent, satisfy the requirements mentioned above, they are valid and can be given effect to.
prabhakar singh
(Expert) 02 November 2011
However i advise for two separate deeds.
One the gift deed duly executed by donor attested by the two witnesses and accepted
by the donee and then presented for registration.
A separate deed of maintenance executed between parties.
prabhakar singh
(Expert) 02 November 2011
Now much has been told to you.It would be better now for you to visit a lawyer locally
to proceed as planed.
