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Kiran Kumar (Software)     29 July 2014

Settlement in maintenance


My wife filed MC 120. She agreed to withdraw case provided  I register property in her name in front of judge and prepared below note

In the court of family judge...

1. The respondent(me) agreed to transfer apartment in faour  favour of his minor son by way of gift deed or otherwise and to register same to his minor son represented by mother / father guardian within 30 days of withdrawal of case

Can you please answer below questions

a)  I want to sign above document, but  in case she files any future cases I want to cancel gift deed. while doing gift deed is it possible for me to add conditions like, If she files any case I will take back property etc?

b) Can I gift deed the property to my son and be gurdian my self? my lawyer is saying it is illegal as you will become both donee and doner. Is it true?

Thank you all for your time.




 2 Replies

AAK (Advocate)     29 July 2014

a] You cannot put such condition. Conditional gift is invalid.

b] your lawyer is right.

Kiran Kumar (Software)     30 July 2014

With all respect i want to know why conditional gift deed is invalid ? Is it invalid in my case or generally too?

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