Conditional gift
nandini dhargalkar
(Querist) 26 March 2018
This query is : Resolved
my son and daughter in law do not stay together. they yet meet each other after a fortnight or so. she does not care to take his responsibility. we in this old age are looking after the son my everything is self earned. i do not want to pass my hard earned property to her after my death. she as a wife will demand half of the property for which probably she still keeps these relations with my son. how may i manage to do it? conditional gift deed will do?
ashok kumar singh
(Expert) 26 March 2018
prepare your WILL and get registered - state therein all necessary conditions as come up in your mind, and in my opinion this is the best way to prevent the property from her hand and miss-utilization and or any other or further future claim, so far by her on the property.
You may Consult with the Learned Advocate at your Locality.
Thanks
Ashok Kumar Singh,
Advocate
ashok kumar singh
(Expert) 26 March 2018
WILL will be effected after your death and at the terms of your conditions, thereof.
SHIRISH PAWAR, 7738990900
(Expert) 26 March 2018
In any case your daughter in law cannot demand half of property after you. At the most she may claim maintenance from the income of your son. After you your son is the only legal heir of your property.
Ms.Usha Kapoor
(Expert) 27 March 2018
Either she can create a Will imposing conditions on her DIL to come into effect after her death. Or she can give a conditional gift to her Daughter in law and if condition is not fulfilled during her life time MIL can revoke the conditional gift..Or as Mr.Pawar said she will have to depend on her husband's income with no legal claim to her in laws ancestral property.
Guest
(Expert) 27 March 2018
A gift can never be conditional.
Guest
(Expert) 27 March 2018
Well and Precise Advise by Advocate/ Expert Mr. P.S. Dhingra
Guest
(Expert) 27 March 2018
Refer the Supreme Court Judgement in the Case of Renikuntla Rajamma (D) Lr VS K Saravanamma on 17th July 2014 in the Civil Appeal 4195 of 2008 Pronounced by the Bench of Honorable Justices T.S. Thakur , Justice V. Gopala Gowda and Justice C. Nagappan
Ms.Usha Kapoor
(Expert) 27 March 2018
I thoroughly browsed the net. Gift can be conditional Dhingra Uncle.If conditions are not fulfilled during the life time of donor it can be revoked by donor.
Ms.Usha Kapoor
(Expert) 27 March 2018
Conditional Gift Law and Legal Definition
A conditional gift is one that is subject to or dependent on a condition. A conditional gift can be revoked if the recipient does not fulfill the conditions attached to the gift. A gift is a conditional gift and it is not final until some future event occurs. If the particular event does not occur, the person making the gift has the right to get back the gift. A common example of “conditional gift” is “A shall gift his car to C, if C is alive at A’s death.”
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Guest
(Expert) 27 March 2018
Dear Ms. Usha Kapoor,
It would have been better had you quoted some section of the Indian laws, rather than the copied and pasted extract from a US Website named "US LEGAL"
You could also have gone through the case law quoted by Mr. NJS Rajkumar, if could not find any section of the Indian Laws.
A gift in the absence of delivery and acceptance has no relevance. A conditional gift, may have been accepted, but delivery is absent. So, acceptance without title or physical delivery has no meaning.
Hope, she can realise that a definition of some US law cannot denote the legality of the conditional gift.
Guest
(Expert) 27 March 2018
Good joke !
Probably Ms. Usha Kapoor wants the Indian Courts to practise US laws, in place of the Indian Laws.
But one fact is proved beyond any doubt that Ms. Usha Kappor relies more on copying and pasting of irrelevant materials of various websites than the provisions of the Indian laws.
Guest
(Expert) 27 March 2018
To Whom so ever it may concern- Even in the Courts the Professional Advocates address each other as Learned counsel . Addressing a Senior Expert /Advocate as Uncle or Aunt here in this Forum is a Disgrace to the Forum and spoils the Decorum of the Forum and Exposes their Cheap Mentalities.
Ms.Usha Kapoor
(Expert) 27 March 2018
Dear Dhingra Uncle,
http://www.lawyersclubindia.com/experts/Conditional-gift-deed-246956.asp
Please go through the above link for conditional gifts in India discussed b6y our LCI experts.
Ms.Usha Kapoor
(Expert) 27 March 2018
Dear Mr.Dhingra Ji,
Types
Gifts can be either:
inter vivos
lifetime gifts (inter vivos gift, donatio inter vivos) - a gift of a present or future interest made and delivered in the donor's lifetime; or
causa mortis
deathbed gifts (gift causa mortis, donatio mortis causa) - a future gift made in expectation of the donor's imminent death. A gift causa mortis is not effective unless the donor dies of the impending peril that he or she had contemplated when making the gift, i.e. these gifts can only be made when the donor is in a terminal condition.[3]
Gifts can also be:
outright
outright - made free of any restrictions, such as being subject to a trust;
onerous
onerous - made with a burden or obligation imposed on the donee; or
remunerative
remunerative - made to compensate for services rendered
Revocation
Conditional gifts can be revoked based on (1) donee not full-filling the conditions (2) breach of contract by donor such as an engagement ring and in this case, the donee keeps the gift.
Guest
(Expert) 27 March 2018
" Arguing with an Idiot is like playing Chess with a Pigeon ..........No matter how good you are the bird is going to shit on the board and strut around like it won away. - English Quote ' '' '''"- ' '
Ms.Usha Kapoor
(Expert) 27 March 2018
Revocation, The last part is important for our purpose,.. So In India also Conditional Gifts are there.
Guest
(Expert) 27 March 2018
Ms. Usha Kapoor,
I have neither asked you about the nature & variety of gifts, nor about its revocation process, nor the link of some past discussion at LCI containing the responses on the process of revocation of conditional gift, nor the present query requires the explanation of revocation of conditional gift.
However, you may feel free to continue with quoting of your copy paste contents. I don't have any objection. I an concerned only with the fundamental things and you can't change my opinion, may you try to quote the millions of the internet pages. If title is not transferred or delivery not effected and uncertainty prevails, in principle that cannot be considered as a gift.
Guest
(Expert) 27 March 2018
Ms. Usha Kapoor has appeared again with a 100% copied material from the website of Wikipedia. That is another proof of her bad habit of copy and pasting of the irrelevant contents from various websites, which cannot be considered as her expertise in law.
That clearly proves her to be only a fake expert.
Ms.Usha Kapoor
(Expert) 27 March 2018
I* quoted all these because Dhingra JI in his ANSWER SAID THERE CAN NEVER BE ANY CONDITIONAL GIFTS CONDITIONAL GIFTS. i PROVED THAT AND FROM THE BEGINNING STATING THAT CONDITIONAL GIFTS ARE THERE IN India ALSO.
Guest
(Expert) 27 March 2018
@ Ms Usha Kapoor,
Vague quotations without the support of any legal provision. Are you a legal expert or a copy paste expert?
In fact, you are cutting merely jokes one after the other and making mockery of law with the help of your 100% copied material. Where is the section of any law that confirms the validity of conditional gifts?
Guest
(Expert) 27 March 2018
Copied contents of foreign websites cannot be the substitute of Indian laws.
Ms.Usha Kapoor
(Expert) 27 March 2018
LCI experts discussed about conditional gifts in India., Please click the link for further information.
http://www.lawyersclubindia.com/experts/Conditional-gift-deed-246956.asp
Ms.Usha Kapoor
(Expert) 27 March 2018
WE,US,SOUTH AFRICA,AUSTRALIA,PHILIPPINES,NEWZELAND,AUSTRALIA ETC WERE BRITISH COLONIES AND CALLED COMMONWEALTH COUNTRIES. WE ALL FOLLOW ENGLISH LAW WHICH IS BASED ON BINDING P0RECEDENTS OR CASE LAW LAID D0OWN BY SUPERIOR COURTS.
Guest
(Expert) 27 March 2018
@ Ms. Usha Kapoor,
Nothing new. Just wasting time of all the experts with your absolutely vague and irrelevant posts.
You have just repeated the link that you referred earlier. That is only about revocation of conditional gift. Mr. Dhingra has already pointed out that the present query does not relate to revocation of gift.
Guest
(Expert) 27 March 2018
Quoting foreign countries or their laws in her post out of context is quite irrelevant. British colonial slavery has not yet faded away from the mind of the lady even after more than 70 years of independence. Even British Courts had been operating on the European Union Laws, when that was the member of the European Union, but Ms. Usha Kapoor seems to have become an orthodox lady even in her prime age, being still fond of British laws, which have enormously changed by the Indian Parliament through hundreds of it Amending Acts.
She should better know that India does not seek permission of the British Parliament to amend its laws..if she does not know the provisions of Indian laws, she should better avoid making her absolutely vague discussions on the queries.
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Ms.Usha Kapoor
(Expert) 28 March 2018
BUT DHINGRA WAS was wrong in saying that there cannot be any c0onditonal gifts LCI EXPERTS DISCUSSION PROVES THERE ARE CONDITIONAL GIFTS.IN INDIA AS WELL.
Ms.Usha Kapoor
(Expert) 28 March 2018
Section s 126 and 127 of TP Act deals wit conditional gifts. mY STAND IS VINDICATED. i PROVED DHINGRAJI WRONG.IN HIS OPINION THAT THERE CAN NEVER BE A CONDITIONAL GIFT.
Ms.Usha Kapoor
(Expert) 28 March 2018
SECTIONS 126 AND 127 0F TRANSFER OF PROPERTY ACT DEAL WITH CONDITIONAL GIFTS. MY STAND IS VINDICATED;. i PROVED DHINGRA uncle IN HIS OPINION THAT THERE CAN NEVER BE ANY CONDITIONAL GIFTS.iT IS NOT MENTIONED EXPRESSLY AS CONDITIONAL GIFTS,.. BY THE LANGUAGE EXPRESSED WE CAN INFER THAT THEY ARE IMPLIEDLY CONDITIONAL GIFTS.
Guest
(Expert) 28 March 2018
Read Sec 123 of TP Act there should be Registered Document executed at Registrar Office by the donor or on behalf of donor and attested by two witnesses and Sec 126 of TP Act states about acceptance of gift by donee by mere handing over of the documents.Sec 127 TP Act Refers to Onerous Gift that is single transfer of several things in one deed to one person.
Guest
(Expert) 28 March 2018
Once any Document is Registered with Registrar Office like Gift Deed or Sale Deed it can not Cancelled or Revoked with out the Consent of Both the Parties Or could be done only with Court Orders.
Guest
(Expert) 28 March 2018
Here we have only Learned Advocates and there could be No Uncles or Aunties here Please
Guest
(Expert) 28 March 2018
@ Ms. Usha Kapoor.
Why not celebrate the occasion of self acclaimed success in proving an expert as wrong, when you have quoted totally wrong sections of the Act, as they relate only to the suspension or revocation of gift and onerous gift, not to the conditional gift? YOU MAY BETTER START BEATING DRUMS?
Most of the experts know that profusely & irresponsibly misleading the querists is your habit.
Let us see, how Mr. Dhingra reacts on your self acclaimed success.
Ms.Usha Kapoor
(Expert) 28 March 2018
Conditional gifts only if the conditions during the lifetime of f donor are not fulfilled give rise to revocation. BY THE DONOR.This much basics you don't KNOW what kind of lawyer you are it amply demonstrates.
EXCEPT CRITICIZING OTHERS YOU DON'[T KNOW ANYTHING.
Ms.Usha Kapoor
(Expert) 28 March 2018
YOU COMMAND THE SUBJECT LAW. NOT COMMAND PEOPLE. this IS ALSO A RESULT OF SOME INFERIORITY COMPLEX.iF YOU'VE SOME VIRTUE PEOPLE WILL ADORE YOU.YOU WANT ADULATION. YOU ARE NOT GETTING IT.through TARGETING EXPERTS YOU WANT TO GET CHEAP POPULARITY.
Guest
(Expert) 28 March 2018
Refer the Judgement pronounced Supreme Court's Bench of Honorable Justices J.S. Khehar and Honorable Justice R.F. Nariman on Aug 22nd 2014 Friday in the Case of Legal Heirs of Sheik Hussain VS Sreeramachandra Avadhani.
Guest
(Expert) 28 March 2018
The Supreme Court has Ruled that any condition attached to gift by saying Recipient can Not Sell or Transfer etc is Legally Invalid.Once the Property is transferred to the Recipient's Name He would be the absolute Owner.
Guest
(Expert) 28 March 2018
Any Proper Legal Justification or Correction would be always acceptable But insulting any Expert as Uncle etc etc as stated will not Acceptable and it will not be Tolerated.
Guest
(Expert) 28 March 2018
There are only Legal Experts/Advocates here and No Uncles and Aunties Please
Ms.Usha Kapoor
(Expert) 28 March 2018
Dear Learned friends,
Please section 126 also of TP act it also deals with conditional gifts.
Ms.Usha Kapoor
(Expert) 28 March 2018
Dear Learned friends,
In the google search box i typed which section of TP Act deals with conditional gifts I got the answer 126 section. Please see section 126 also of TP act it also deals with conditional gifts.Anyway the concept of conditional gift is here to stay.Except you 3 Dhingraji,Jigyasu and R.Ramachandran 3 persons coterie none of the other members of lawyersclub don't utter a word against me.It shows you 3 people are motivated.Please stop this criticism game. and focus on law and other constructive hobbies.
Guest
(Expert) 28 March 2018
@ Ms. Usha Kapoor,
I wonder, why you have not included the name of Mr. N.J.S. Rajkumar in your list of the so called coterie, as he also condemned your vague posts with wrong contentions through his several posts.
However, when you have stated "In the google search box i typed which section of TP Act deals with conditional gifts I got the answer 126 section," that is a clear admission on your part that you rely only on copied material from the GOOGLE Search Engine without referring the actual section 126 of the TP Act. That clearly denotes, that only GOOGLE is the law for you, not the real law of the land.
You even did not care to refer the judgment the link of which Mr. N.J.S. Rajkumar provided to you. Mind it, your copied vague & wrong contentions are not law. Courts are not running based on on the GOOGLE contents, but real law as is prescribed in the Acts of Law is practised in the courts of law.
.
HAD YOU REFERRED THE ACTUAL SECTION 126 IN THE TP ACT, YOU COULD WELL HAVE FOUND THAT THE SECTION DEALS WITH THE SUSPENSION AND REVOCATION OF GIFT DEEDS, NOT ENSURES ANY VALIDITY OF THE THE CONDITIONAL GIFT. But that needs some commonsense, which probably is wanting in you.
Guest
(Expert) 29 March 2018
Mr Jigyasu,
Your analysis has amply proved that Ms. Usha Kapoor is merely a GOOGLE LADY, copies something from any unconcerned website and pastes any irrelevant material without having any concern with the law of the land. She insisted on the existence of conditional gift, but not the legality of conditional gift, while the querist desired to know about the legality of the conditional gift.
Of course, it is noteworthy that to feverishly prove her stance, she at first copied and pasted an irrelevant material from a US Site, which had no concern with the Indian laws. When pointed out by you, she then copied and pasted material from the website of Wikipedia that also did not make clear whether in Indian Laws a conditional gift is legal or not. She did not even bother to take note of the fact that the same website very clearly stated, "Conditional gifts can be revoked." That sentence of the website, in itself declares the conditional gift as void in law. But she continued to harp her tune just to prove me vainly wrong. That denotes that she was not concerned with the legality of the type of gift, but insisted that the conditional gift exists there. Existence of so many things, as created by human beings out of ignorance of law, cannot be guaranted to be valid in law.
Thereafter she posted a long list of countries of the British Raj and took plea of the British colonial era laws to be considered as effective by forgetting that India is independent for last more than 70 years and is not bound to act on any foreign country law.
When she got exposed on all the fronts, then again she googled, which she categorically confessed also, and feverishly quoted section 126 of TP Act, but without going through the provisions of that section in the TP Act, whereas that section contained provision of suspension and revocation of the void gift deed. That itself proved that she is accustomed to read only between the lines and has no concern with the real law of the land.
She even did not take trouble to see the legal definition of gift, as given in section 122, which clearly defines gift to be made voluntarily and without any consideration, whereas condition denotes consideration and expectation in lieu of the gift that is not practically and constructively given delivery and has the absence of volunteering to give the property as gift.
Such gift is always void and can be challenged any time by anyone in the court of law to be declared legally null & void.
Really, she has not used her commonsense that people, who are ignorant about law, come on this platform for legal advice for any act, but she does not refrain from misleading them and supporting their illegal acts, but still instead of reconciling her position as per the law of the land, she feverishly try to prove herself as correct.
So, now, it is for the readers to decide, to what extent she can be relied and to what extent she is an expert in law.
Dr J C Vashista
(Expert) 29 March 2018
The impersonating lady expert has to be declared excellent in copy paste irrelevant reply to the query.
Guest
(Expert) 29 March 2018
Admittedly, as appropriately designated, Google lady can only be expert in copying and pasting, but not in legal advice.
