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Jayanti Devi (Student)     27 August 2018


Is it possible to gift an asset with a conditional clause ?


 4 Replies

Adv Deepak Joshi +917017821512 (Advocate)     27 August 2018

Dear querist,

Yes, conditional gift deed is possible.


Thanks and Regards

Deepak Joshi & Associates


Mb/whatsapp +919456777600

Aks   27 August 2018

Very difficult to answer because your question has too little information. However, In a Will, conditional clause is OK.  Prime example is when you give life interest to someone in your Will and then, make soemone else ultimate, residuary beneficiary.   In this case , the condtion is that until the life interest holder is alive, the beneficiary doesnot get anything.  Beneficiary gets assets only after the death of life interest holder. But, life interest holder can only enjoy property or income from the property, she can not sell, gift or Will the main property in her lifetime.

You have to use conditional clause CAREFULLY. You can not put conditions which are illegal or wrong.  Check with a knowledgeable lawyer before you draft the Will if you want to put condition so there is no wrong wordings.  In a Will, a wrong word can make a huge  differece and can change the entire meaning.

Kumar Doab (FIN)     30 August 2018

Your title of query is for WILL and matter in query is for gift.

Conditional gift deed may be possible.

Kumar Doab (FIN)     30 August 2018

GO thru;

Central Government Act

The Transfer of Property Act, 1882;25,26,126


Conditions in WILL can be very well inserted by testator.

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