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Lohith YC   12 April 2021

Is my gift deed conditional ?

In 1950, his daughter after her marriage returned back to his home due to family issues with her husband.
She started living with his father and never returned.

I'm my grandfather's elders son only son (Thimma Raju) who lost my mother at the age of 1 year. And I was taken care by above said my grand
father's daughter. My Father never married after losing his wife.

My grand father made a gift deed saying

"He is giving 2 acres of land to his daughter for her management as she has come back from her
husband's home. She will not have any care taker from his husband's home side.

As a helper, My elder's son's son Thimma Raju who is 5 years now is taken care by my daughter.
So, after my daughter's death the above property belongs to Thimma Raju.

My Daughter will not have any rights to sell or lease out. Thimma Raju can enjoy the property as he wish"

10 years back I sold this property with no issues.

Now during partition discussion, my brother's son is denying share in the rest of 4 acres saying that you already had taken
away the share and nothing left to share with you.
He is saying that gift is conditional and remains invalid (even in law it is not maintainable).

Is this conditional gift deed ?
Will I don't get any share in rest 4 acres of ancestral property ?
If they move to court, the person whom I have sold the property will be in trouble ?


 3 Replies

Amol Kende (No)     12 April 2021

is any condition mentioned in the gift deed document if not the its permanent if yea then yes it's conditional if you complete this condition the you can claim and it's now unchangeable if it's permanent the you can file civil suit

SHIRISH PAWAR, 7738990900 (Advocate)     12 April 2021

Hello,

The gift deed is conditional. You can file a partition suit for claiming your share in the other 4 acres of land. 

Sankaranarayanan (Advocate)     12 April 2021

Yes it is  and  you can seeking remedy  only through Court 


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