• Conditional Transfer of Property

My father had a house in which we 5 brothers and sisters are Joint owners now after the demise of our father. I want to transfer my share in this property to my brother on the condition that she will keep my mother on my behalf and take proper care of her till she survives including her proper medical treatment.

Could you please let me know how can I do this.
Asked 5 years ago in Property Law
Religion: Hindu

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17 Answers

You can execute conditional gift deed of your share of property in favour of brother Provided he maintains mother during her lifetime 

Ajay Sethi
Advocate, Mumbai
99844 Answers
8148 Consultations

You can execute a registered gift deed in her favor for the same. 

Prashant Nayak
Advocate, Mumbai
34562 Answers
249 Consultations

- 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 person called the donee, and accepted by or on behalf of the donee.

- Hence, for a Gift deed, Acceptance is mandatory by the donee , and such acceptance must be made during the lifetime of the donor , and if the donee dies before acceptance, the gift becomes invalid. 

- Further, after the acceptance by the donee , gift deed cannot be cancelled unless it is a conditional gift.

- Further, Gifts that involve immovable property should be registered under the Transfer of Property Act

- It means without registration of Gift deed , the title does not pass on to the donee, 

- And further, a Conditional gift is one that is subject to or dependent on a condition.

- Further, a Conditional gift can be revoked if the recipient does not fulfil the conditions attached to the gift.

- Further, a gift is a conditional gift and it is not final until some future event occurs and if the particular event does not occur, the person making the gift has the right to get back the gift.

- Hence you should execute a Conditional Gift deed in favour of your brother , after mentioning the conditions . 

 

Good luck and dont forget to rating Positively. 

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

1. Well, this kind of condition can not be given in the deed of gift or the deed of Release. However if you make a deed of settlement then this kind of condition can be incorporated.

So make a family settlement deed registered making your brother beneficiary of the deed subject to the condition which you wish to mention therein. 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Get an registered agreement done for it, registered. 

And do the transfer formalities 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Execute conditional gift deed. Dont mention any amount in it.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

Your share of the property should be transferred to your mother first. Tgen she should write a gift deed to your brother which you had transferred.

Now the gift deed is revocable in case of parents if they are not taken care of. She may file a petition and take it back. 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. You can execute a conditional gift deed in his favour.

2. The gift deed has to be registered.

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

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Put such condition on transfer deed. That would be enough. There should not be any ambiguity. The condition should be clearly described. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

You cannot do this now until you inherit the property as spes successionis is not permitted in transfer of property act.

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

1. Conditional clauses in Gift Deed is legally possible, IF it can be implemented by the Donor for self sustenance purposes, under the Senior Citizen laws.

2. For third-party directions & conditions, a conditional Gift Deed is legally not tenable.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

You need to make relinquish deed and in that you make condition as per your requirements.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

There cannot be conditional transfer of property. Once sale deed is executed, the purchaser becomes absolute owner. You can transfer the property in your mothers name and she can execute will in favour of your brother.

Rajinder Goyal
Advocate, Chandigarh
111 Answers
1 Consultation

You can gift your share of property to your Brother  provided that, he takes care of your mother as desired by you. 

The Gift Deed has to be registered by paying stamp duty.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

You cannot make any such conditional gift deed. 

However you can transfer the share of your property to your chosen sibling by a conditional settlement deed in which you can make a mention of lifetime interest in favor of your mother  adding the proposed condition and transfer the same to your brother. 

T Kalaiselvan
Advocate, Vellore
90044 Answers
2498 Consultations

1. See a gift deed with condition cannot be made once you transfer your share he will be absolute owner of the share, you cannot challange the gift made on this ground. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can execute conditional gift deed. it should be duly Stamped and Registered. 

Mohammed Mujeeb
Advocate, Hyderabad
19334 Answers
32 Consultations

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