Transfer of property with conditions

Querist : Anonymous (Querist) 13 February 2021 This query is : Resolved
Sir,
I have one house from which I have some rental income for my survival. My separated wife ( divorce case and 125 CRPC is pending) want that property. There may be attachment of the property by court in future.

I want to transfer the property to my dear one with following conditions:
1. He will not transfer the property without my writing permission.
2. I will get lease the property till lifetime at free of cost.I can use the property for earning by rent or by any way.
3. After my death, he can use the property as he wishes.

Please advise.

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SHIRISH PAWAR, 7738990900 (Expert) 13 February 2021
Hello,

Yes, you can incorporate these conditions in your agreement.

kavksatyanarayana (Expert) 13 February 2021
Why are you thinking that the property may be attached by the court? Are there any loans against the property? If not, then you can gift the property to anyone as you wish with a condition of life interest on the property. Only after you, that person can do as he wishes.

Querist : Anonymous (Querist) 14 February 2021
No loan has been taken.

P. Venu (Expert) 14 February 2021
In my understanding, such conditions would be void/voidable and would manifest that the so-called transfer a sham transaction.

Dr J C Vashista (Expert) 14 February 2021
Repeated query today itself.

SHIRISH PAWAR, 7738990900 (Expert) 15 February 2021
Under transfer of property act absolute transfer and conditional transfer of property is provided. Please consult with expert advocate for drafting and executing the agreement.

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