D NARAYANASWAMI (Asst. General Manager) 25 April 2020

Whether a conditional gift deed is valid?

Whether a conditional gift deed is valid? For instance, A wants to pass on his immovable property to B but not during his life time with a condition that B shall only enjoy( but not sell i) after A's demise and pass it on, in turn, to C after B's life time. Is such a document valid in the eyes of law?

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6 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 25 April 2020

1. YES. A conditional Gift Deed is legaly valid for all futuristic purposes which explicitly states that property is Gifted to "C" and "B" shall have life time usage rights.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

D NARAYANASWAMI (Asst. General Manager) 25 April 2020

Dear Mr. Agarwal,

Thanks a lot for the immediate response.

As I am going to guide some one on this issue, if you could mail me some SC/HC ruling--with citation--I shall be grateful.

Warm regards & Best Wishes,

--D Narayanaswami

Advocate

Chennai

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 25 April 2020

Originally posted by : D NARAYANASWAMI
	As I am going to guide some one on this issue, if you could mail me some SC/HC ruling--with citation

Kindly refer to section 25 to 34 under the Transfer of Property Act, for your requirements. Due to time constraints citation's are not possible from my side. Kindly prefer to google on "Conditional Gift Deed"

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

D NARAYANASWAMI (Asst. General Manager) 25 April 2020

Thank You so much! Let me check further. Regards, D. NARAYANASWAMI

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 25 April 2020

Gift Deed can be conditional but the Gift Deed will be valid if transfer of the title is passed on immediately by the donor and accepted by the donee. Otherwise it will be treated as Will.

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Sinjari Bandyopadhyaya(Banerje (Lawyer 9830019661 Kolkata WB) 07 May 2020

Gift of immovable property reserving life interest in property for donor,is valid .Ref: Renikuntla Rajamma vs. K. Sarwanamma, (2014) 9 SCC 445.

However when the Donor stipulates conditions in a Gift Deed then the Donor can resort to cancellation on non-compliance. A conditional gift where possession remains with the donor as long as he is alive, does not become complete during the lifetime of the donor. When a gift is incomplete and title remains with the donor, the deed of gift might be canceled by the Donor subsequently. Ref---S.Sarojini Amma vs Velayudhan Pillai Sreekumar (Hon'ble Supreme Court on 26th October, 2018)---(2018 SCC Online SC 2200)