Sir/Madam my name is pavani. my mother expired and my father got 2nd marriage. My father 3 houses bought by my fathers own money. he is agreed to register 2flats in Vijayawada in my name. But with conditional gift deed. The condition is " Property You can not sell or take loan upto my death" but income on property and possession is with your name immediately and you will get full powers after my death. my doubt is if his second wife or her son can file case against me after his death. is my father have right to cancel gift deed with any of reason? AND IS THERE ANY LEGAL ISSUED WILL ARISE?
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Sir there cannot be conditional gift deed. The father cannot cancel the deed once made.
If the father want to give you property.then it has to be absolute ownership to you
If he want to put condition then he can make a will that will be operative on his dimise. Register the will.
sir so many advocates in kanoor said conditional gift deed is valid.. but you are saying there cannot be conditional gift deed... which one is right? ex> check following answer conditional gift deed can be executed by donor 2) as per gift deed condition can be incoprorated that donee shall maintain the donor during his lifetime 3) condition can be incoprorated that in case donee dies before donor gift cn be revoked Ajay Sethi Advocate, Mumbai 52676 Answers 3145 Consultations
Once a valid gift has been accepted it cannot be cancelled unless it is a conditional gift. A conditional gift is when certain conditions need to be fulfilled before acceptance. On acceptance, the donee gains absolute right in the property depending on the rights set in the gift deed.
Father cannot unilaterally set aside gift deed
2) conditional gift deed would be valid
Sir the gift deed cannot be conditional the above statements are wrong no such condition can be written in gift deed. The gift deed need to be absolute under the transfer of property act.
Dear Client,
Conditional Gifts Are Incomplete Until Conditions Are Complied With; Such Gift Deeds Can Be Cancelled By The Donor. In your case, possession is accepted and transfer of name. Such deed cannot be cancelled at the instance of donor, until you violate conditions - sell or take loan up to his death -
Neither any case shall has any effect on your ownership after father death.
AND once property transferred in your name and actual possession taken by you, GIFT is complete and cannot be revoked.
1. i fear such a gift may be void
2. a conditional gift deed is valid under Transfer of Property Act but the condition must be the one which does not depend on the 'mere will of the donor'
3. here in your case there is a restriction against you not to sell or take a loan on the property
4. meaning that the donor has the above 2 rights of sale and taking a loan
5. the aforesaid thus comes under the expression 'at the mere will of the donor'
6. think of it like this - say this conditional gift deed is made in your favour with the above 2 restrictions. Now what if the donor sells or takes a loan on the property. What if the donor defaults in that loan and the property is attached and auctioned. What will happen to the gift then? Thus such conditions are at the mere will of the donor which makes the gift deed void and illegal
7. i suggest you incorporate a covenant in the gift deed from donor that even he will not sell or take a loan on this property
Hello,
Yes conditional deed is valid.
See Section 25 of the Transfer of Property Act.
Thanks and Regards.
Conditional gift deed is valid.
Gift deed can be revoked either through court or by mutual consent of both the parties.
But if such condition is not fulfilled then conditional gift deed stamds revoked or cancelled.
Dear Madam
Be assured that conditional gift deed is valid as far conditions imposed in your case are valid conditions
the gift deed cannot be made with any conditions, it may be a settlement deed which can be made with condition, you confirm that.
the conditional settlement deed can be revoked by the donor on the conditions not being fulfilled.
since he has made the provision for lifetime interest on him as a condition, though the property will automatically vest in you from the date of settlement but you can get possession of property legally only after the lifetime of your father, in between he may even cancel the settlement citing some flimsy reasons under the pressure of your step mother.
gift deed cannot be made with condition, if so it will be invalid in law.
it may be settlement deed,you may confirm his by showing it to a local advocate
Conditional gift deed is very well valid
A conditional gift is when certain conditions need to be fulfilled before acceptance. On acceptance, the donee gains absolute right in the property depending on the rights set in the gift deed