Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sell a gifted property

(Querist) 16 January 2010 This query is : Resolved 
Is it possible to restrict a person from selling a gifted property.

Eg: A gifted a property to B. Can B be restricted from selling this property without the consent of another person like the son / wife / legal heirs of B.

If yes can anyone pls give the relevant text for the same...
prakash vathore (Expert) 16 January 2010
no
R.R. KRISHNAA (Expert) 16 January 2010
As per your example, the property is gifted only to B, hence the property becomes the self acquired property of B only and B has the full right to sell it to anyone. There shall be no restriction on B for selling the property, by anybody.
Subrahmanyam (Querist) 16 January 2010
How can it be..Can't the donor restrict the person from misusing or selling it with out the consent of anyone who may be deprived of benefit by such sale..?
Subrahmanyam (Querist) 16 January 2010
In such case does that mean that the property has to be gifted to say two or more people so that one cannot sell without the consent of the other or all involved..?

Or can a conditional gift deed be made..?
A V Vishal (Expert) 16 January 2010
"Gift" is the transfer of certain existing moveable or immoveable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee, and accepted by or on behalf of the donee. Such acceptance must be made during the lifetime of the donor and while he is still capable of giving. If the donee dies before acceptance, the gift is void.

Onerous Gift
'Onerous gift' is a gift made subject to certain charges imposed by the donor on the donee. The principle behind this is that he who accepts the benefit of a transaction must also accept the burden of the same. This section, being an embodiment of a rule of equity, applies equally to Hindus and Mahomedans. For acceptance of an onerous gift, acceptance of the gift itself is sufficient; there need not be any separate and express acceptance of the onerous condition also at the same time. The acceptance of the gift will carry with it the acceptance of the onerous condition also, even though at the time of the gift the donee was not aware of such condition, specially where the onerous condition is of a trifling nature (payment of Rs. 5 as monthly maintenance to a certain person for life). A donee not competent to contract and accepting property burdened by any obligation is not bound by his acceptance. But if, after becoming competent to contract and being aware of the obligation, he retains the property given, he becomes so bound.

Subrahmanyam (Querist) 17 January 2010
How can such obligations / restrictions written in the deed?
A V Vishal (Expert) 17 January 2010
For that you need to approach a local lawyer and discuss the issues/concerns personally.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :