• Gift or Settlement

Dear Expert

I have a small property in Tamil Nadu that has 4 Cemeteries of my forefathers. I want to give this property free to a religious institution with a condition that they should not broken and removed and no new cemetery can be placed. If they sell the property, then also the same conditions should apply. 

What would be best way to give this property ? Is this as gift deed or settlement deed ?. Any recommendation on the wording and its legality. 

Thanks for the time and attention - Regards - Ignesius
Asked 7 months ago in Property Law
Religion: Christian

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21 Answers

1)conditional gift deed can be executed by you 

 

2) it should be duly stamped and registered 

Ajay Sethi
Advocate, Mumbai
75972 Answers
4544 Consultations

5.0 on 5.0

1. A "Conditional Donation" deed  .OR.  a "Conditional Gift Deed" can be executed and registered in favor of the institutions.

2. A strategic condition would be:

a)  "restrained from selling /mortgaging /transferring /gifting /alienating /leasing /renting .... for a period of "so & so" years".  (Period can be from 1 years to 999 years).

b)  In the event if the Institution gets defunct /dissolved /...., THEN the property would revert back to the Donor or his legal heirs.

 

3. However, the above would be circumvented, IF the state govt. acquires the property for any public use.

 

Hemant Agarwal
Advocate, Mumbai
4712 Answers
23 Consultations

5.0 on 5.0

Conditional gift deed. But this is not necessary if this condition will carry for ever by donor. As generations will and so the attitude.

Include revocable clause that in case of violation of condition, the gift will stand revoke and property will to generation/heirs of donor alive at that time.

Yogendra Singh Rajawat
Advocate, Jaipur
19450 Answers
25 Consultations

4.5 on 5.0

You can transfer the property by executing a registered gift deed with the conditions imposed in it accordingly .

Alternately you can transfer the same by a testamentary disposition by bequeathing the same through a Will  but it can be enforced only after your lifetime. 

T Kalaiselvan
Advocate, Vellore
65940 Answers
861 Consultations

5.0 on 5.0

Dear client, 

As per transfer of proertied act U/S 10 Condition restraining alienation is not valied and condition for enjoyment also not valied. instead giving others creat charitable trust construct any building to benefit to society 

P. Gnanam
Advocate, Ambattur
18 Answers

Not rated

See you can gift the said property to the institution.  Though no condition in gift can be there like for maintaining cemetery or any other condition.

Shubham Jhajharia
Advocate, Ahmedabad
24964 Answers
99 Consultations

5.0 on 5.0

 - Under Section 122 of Transfer of Property Act 1882, you can gift the property either movable or immovable having title in your name.

- Be informed, you can have implied terms but not have any direct terms otherwise  it would not be considered as Gift

 

Regards

 

Vivek Arya

Vivek Arya
Advocate, Gurgaon
690 Answers
4 Consultations

5.0 on 5.0

- As per section 122 of the Transfer of Property Act, Gift is the transfer of certain existing movable or immovable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee, and accepted by or on behalf of the donee.

- Hence, the better option is Gift deed,where you can mention your conditions.

- Further, A Gift of immovable property, which is not registered, is bad in law and cannot pass any title to the donee. and the documents should be stamped and registered as required, and attested by two witnesses.

Mohammed Shahzad
Advocate, Delhi
3427 Answers
39 Consultations

5.0 on 5.0

Yes gift deed or settlement deed can be executed. Even you can execute registered will for the same

Prashant Nayak
Advocate, Mumbai
19774 Answers
36 Consultations

4.4 on 5.0

1. You cannot make a conditional gift deed because it will become null and void as Gift deed cannot be conditional.

2. You should go for lease deed of 99 years in favour of religion trust and in that deed you can mention your conditions for enjoying the property.

3. You can also add clause for subletting the property to any other person. 

 

Mohit Kapoor
Advocate, Rohtak
8753 Answers
3 Consultations

5.0 on 5.0

Ans:-You can enter into an MOU (Memorandum of Understanding) with the new buyer stating all your conditions. However, It would be highly impossible for them to retain the same conditions, when they wish to sell the property later in the future. 

Garima Anil Mehrotra
Advocate, Mumbai
416 Answers
1 Consultation

4.9 on 5.0

1. You can execute a gift deed incorporating all these conditions. It will be a conditional gift deed.

2. Get a flawless gift deed drafted by a lawyer.

Ashish Davessar
Advocate, Jaipur
29554 Answers
850 Consultations

5.0 on 5.0

Conditional gift deed is valid 

 

2) you can impose conditions that 4 cemeteries would not be removed 

 

3) no need to add conditions that property would not be sold for x years 

Ajay Sethi
Advocate, Mumbai
75972 Answers
4544 Consultations

5.0 on 5.0

restrained from selling /mortgaging /transferring /gifting /alienating /leasing /renting .... for a period of "so & so" years". (Period can be from 1 years to 999 years). --- NO VALID.

In the event if the Institution gets defunct /dissolved /...., THEN the property would revert back to the Donor or his legal heirs. -- NO VALID. once gift is complete by acceptance, such condition cannot be bound on donor. 

Yogendra Singh Rajawat
Advocate, Jaipur
19450 Answers
25 Consultations

4.5 on 5.0

Yes all the aforementioned conditions are legal and valid and can be incorporated in your registered deed. 

Prashant Nayak
Advocate, Mumbai
19774 Answers
36 Consultations

4.4 on 5.0

1. Under the parameters of "Transfer of Property Act", a Gift Deed can be executed with legitimate & tenable "conditions".

2. On violation of mentioned conditions, the Gift Deed stands rescinded and becomes legally non-enforceable.

Hemant Agarwal
Advocate, Mumbai
4712 Answers
23 Consultations

5.0 on 5.0

you can execute conditional gift deed, In a conditional gift deed it can be mention. 

Mohammed Mujeeb
Advocate, Hyderabad
16591 Answers
11 Consultations

4.5 on 5.0

A gift may be conditional subject to provisions of TPA as laid in section 26.

Conditional gift deed is valid. 

Mohammed Mujeeb
Advocate, Hyderabad
16591 Answers
11 Consultations

4.5 on 5.0

Are you going to gift the cemetery or are you looking for a caretaker in the guise of a gift deed to the said person/organisation?

The conditions what you are desirous of imposing may not be acceptable to the donee especially if it appears to be a burden on the shoulders of the donee by getting this property as a gift.

The donee may feel that this is a clandestine caretaker arrangement in the brand of gift deed, hence the donee may even hesitate to accept the gift.

It will however not prevent you from looking for a donee to accept all your terms with regard to this gift of the proeprty by a registered gift deed with conditions imposed therein.

 

T Kalaiselvan
Advocate, Vellore
65940 Answers
861 Consultations

5.0 on 5.0

1.  See conditions in will cannot be there , you can do one thing you can exclude the cemetery area from gift. 

Further you can also give property on lease to institution for Rs.1 for 99 years in same conditions can be there.

Shubham Jhajharia
Advocate, Ahmedabad
24964 Answers
99 Consultations

5.0 on 5.0

Dear Sir,

When distribution of property without consideration (or payment) is based upon some condition, it is called a conditional gift. Two kinds of conditions may attach to such a gift: 1) Precedent condition: When something is expected to happen before the gift is granted.

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. In a conditional gift deed it can be mentioned that the donor will live in the premises gifted to the donee, till he dies.

Netravathi Kalaskar
Advocate, Bengaluru
4953 Answers
25 Consultations

4.8 on 5.0

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