You can execute conditional gift deed of your share of property in favour of brother Provided he maintains mother during her lifetime
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.
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You can execute conditional gift deed of your share of property in favour of brother Provided he maintains mother during her lifetime
- 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 .
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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.
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.
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.
Put such condition on transfer deed. That would be enough. There should not be any ambiguity. The condition should be clearly described.
You cannot do this now until you inherit the property as spes successionis is not permitted in transfer of property act.
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.
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.
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.
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.
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.