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Imon Kalyan (Others)     08 August 2011

Gift deed with condition - not to sell

Hi,

I'm planning to buy a flat in Bangalore. The property has been developed by merging a lot of Survey Numbers. When I consulted a lawyer for legal advice, I found out that in one of the Survey Numbers, a Gift Deed took place around 40 years back.

The gift deed had a condition that the Donee should not sell the land. The Donee was minor when the deed was registered. After 25 years , the Donee (when he was adult) sold the land to another party. After that the land has been sold 2 more times, finally by the builder. The Donor is dead now.

Now my question is - Since there was a condition that the Donee should not sell the land; after the death of the Donor, is that condition still valid? Can any heir of the Donor claim the land now stating that the condition of the Gift Deed was broken?

 I'm not able to decide whether I should go ahead with the purchase. Please provide your guidance.

Regards,

Imon



Learning

 1 Replies

A V Vishal (Advocate)     08 August 2011

Now my question is - Since there was a condition that the Donee should not sell the land; after the death of the Donor, is that condition still valid?

Ans. Yes.

Can any heir of the Donor claim the land now stating that the condition of the Gift Deed was broken?

Ans. Yes

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