• Property purchase

Hello,
I want to purchase a flat in my father's name (I have some problems for which I couldn't buy it in my name). Now, if I want to transfer the property to be in my name automatically upon the demise of my father, what should I do? In addition to me, I have my mother and one sister as my father's legal heir. How to get these things done without any hassle? 
1) Can conditional gift deed be made with a clause that the property will get transferred in my name after his demise?
2) If a conditional gift deed is made as per (1), and then my father wants to transfer the property in my name later, say after 2 years, (before his death), can the earlier gift deed be revoked and a new gift deed be made to tranfer the property instantly at that point of time?
Kindly advise.
Asked 1 month ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

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28 Answers

1. That is Will nit gift. Gift deedctakes place immediately.  So if you want this property after his death then go for registered Will and get your siblings sign as attesting witnesses. 

2. This is family settlement deed, nog gift deed. 

Devajyoti Barman
Advocate, Kolkata
21685 Answers
311 Consultations

5.0 on 5.0

Father can during his lifetime execute gift deed in your favour 

 

2) in alternative he can bequeath property to you by will 

 

3) will should be attested by 2 witnesses 

 

4) father can execute conditional gift deed that on his demise you would be absolute owner of property 

Ajay Sethi
Advocate, Mumbai
79344 Answers
4746 Consultations

5.0 on 5.0

1. IF Property is purchased in name of Father, THEN  "ALL" his residual legal heirs can stake EQUAL rights over his property on his demise.  IF Father prepares a WILL and IF there is a dispute within family members, THEN the WILL itself becomes challengable by any of the residual legal heirs.

2. Gift Deed becomes operational immediately after registration. Hence the different criteria's you mentioned shall not work.

3. Re-Think carefully, since you will be investing your hard earned money.

Hemant Agarwal
Advocate, Mumbai
5441 Answers
25 Consultations

5.0 on 5.0

Father execute a will deed is the option other than gift deed .

A gift deed is a document that records the act of giving a gift and is executed between the donor and the done. Father can execute a conditional gift deed and you become the absolute owner after his demise. In a gift deed,  Stamp duty and registration charge also paid . 

Ajay N S
Advocate, Ernakulam
3627 Answers
71 Consultations

5.0 on 5.0

You can execute gift deed or will as per convenience. Yes new gift deed can be executed

Prashant Nayak
Advocate, Mumbai
22447 Answers
49 Consultations

4.4 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 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.

- 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

1. Yes, your father can execute a conditional gift deed in your favour .

2. This conditional gift deed should be registered , and after the death of your father , it will automatically come into force. 

Mohammed Shahzad
Advocate, Delhi
5538 Answers
51 Consultations

5.0 on 5.0

The best way of Succession of the property is buy it in the name of your father and show the property self acquired. 

Get the WILL executed in your name as sole beneficiary. 

WILL would be simple, fast and less expensive for you to get the property back to your name after the demise of your father.

Ramesh Pandey
Advocate, Mumbai
2538 Answers
8 Consultations

5.0 on 5.0

You can prepare conditional gift and that can revoked by donee by not accepting it or you can go with registered WILL.

Ganesh Kadam
Advocate, Pune
11668 Answers
109 Consultations

4.9 on 5.0

1. Yes the conditional gift deed can be done.

2. Yes, get it mentioned that the conditional gift deed can be revoked before his demise for gifting the property to you.

Rahul Jatain
Advocate, Rohtak
5364 Answers
4 Consultations

4.8 on 5.0

Ask the father to execute Will in your favor to bequeath property after his demise. Also mention in Will that you only have contributed in purchase.

Gift deed is also valid but gift will be effective after his demise and father can revoke the gift and will in his life time.

Yes, father came execute second gift deed to transfer ownership with immediate effect.

Yogendra Singh Rajawat
Advocate, Jaipur
21402 Answers
31 Consultations

4.4 on 5.0

The property intended  to be purchased by a registered sale deed on your father's name shall remain on his name as an absolute owner, you cannot restrict his other legal heirs to claim any rights ion the proeprty in the event of his intestate death subsequently.

1. After purchasing the property on his name, you can ask him to transfer the property to your name by executing a conditions registered settlement deed  with lifetime interest to him. 

2. the conditional registered settlement deed made by your father after acquiring the proeprty by a registered sale deed, is valid ever after.

 

T Kalaiselvan
Advocate, Vellore
69358 Answers
929 Consultations

5.0 on 5.0

It is better if your father Writes Will bequeathing  the entire property in your name.

S Srinivasa Prasad
Advocate, Hyderabad
2862 Answers
9 Consultations

5.0 on 5.0

after registration of property, your father can execute a registered will in your favour.

your father can also execute conditional gift deed. 

Mohammed Mujeeb
Advocate, Hyderabad
18942 Answers
11 Consultations

4.5 on 5.0

1. Your father can make a registered will in your favor for the property.

2. No gift deed cannot be conditional. And such deed cannot be made, your father has to make a registered deed.

3. If father wishes to transfer property in his life he can do the same by the registered gift deed.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
111 Consultations

5.0 on 5.0

They can challenge the will but chances of success are bleak 

 

2) no gift deed can be executed during father lifetime as you have no share in property 

 

3) will takes effect only on death of testator 

Ajay Sethi
Advocate, Mumbai
79344 Answers
4746 Consultations

5.0 on 5.0

They can challege but may loose. As presumption of due execution of registered Will.

Yes conditional gift deed is valid.

Yogendra Singh Rajawat
Advocate, Jaipur
21402 Answers
31 Consultations

4.4 on 5.0

1. The registered Will generally cannot be challenged by the legal heirs, moreover  the attesting witnesses are the other legal heirs hence their challenge will not be not be considered as valid in court during trial proceedings.

2. The property can be purchased by a registered sale deed only and not be a registered gift deed.

You can  make a  registered gift deed only if you have title to the property by  a registered deed.

The gift deed cannot be executed with conditions imposed in it.

The gift deed shall be valid only if it is unconditional.

 

T Kalaiselvan
Advocate, Vellore
69358 Answers
929 Consultations

5.0 on 5.0

1- If the WILL is witnessed by your mother and sister then they shouldn't be beneficiary in the WILL which would invalidate it. If your mother are not beneficiary and witnessed the WILL registered with sub-registrar will not affect your ownership over the property which has been bequeathed by you father in your name.

2- Gift deed becomes effective the day it is executed before competent authorities. The gift deed cannot be made effective post execution. 

3- Will becomes effective after demise of testator that is your father. Will never becomes effective before the death of testator. 

Ramesh Pandey
Advocate, Mumbai
2538 Answers
8 Consultations

5.0 on 5.0

1. Only if there is a ground for fraud etc other wise not. 

2.its valid but on the day of registration the transaction should be complete

Prashant Nayak
Advocate, Mumbai
22447 Answers
49 Consultations

4.4 on 5.0

registered will may not be the last testament. A new will made, even if unregistered, if valid, will trump the registered will. If there are any suspicious facts, the courts will scrutinize them even if the will is registered. Irrespective of the registration, a will can be challenged on the following grounds:

Fraud

Coercion

Undue influence

Suspicious Nature

Lack of execution

Lack of testamentary intention

Lack of testamentary capacity

Lack of knowledge and approval

Forgery

Revocation. 

Gift Deed is executed during the lifetime of the donor and transfer happens immediately. 

 

Mohammed Mujeeb
Advocate, Hyderabad
18942 Answers
11 Consultations

4.5 on 5.0

1) No.

2) No, section 122 of the  act, says that, the gift has to be made during the life time  of  donor  and while he is still capable of giving  it.  It is not possible with above conditions.

S Srinivasa Prasad
Advocate, Hyderabad
2862 Answers
9 Consultations

5.0 on 5.0

Once the property is purchased in your father's name, ask him to write a will. That would help you with your objectives.

Rahul Mishra
Advocate, Lucknow
11562 Answers
20 Consultations

5.0 on 5.0

A will should be made. Such a gift deed cannot be made. They may challenge it but mere challenging would not help them.

Rahul Mishra
Advocate, Lucknow
11562 Answers
20 Consultations

5.0 on 5.0

1. No, they cannot challenge the WILL being the attesting witnesses .

2. Yes, if the gift deed is conditional , but it can be cancelled by the executor . Hence a Gift deed without condition is valid. 

Mohammed Shahzad
Advocate, Delhi
5538 Answers
51 Consultations

5.0 on 5.0

1. That is not conditional gift deed that document is called will of the owner of property.

2. If he makes a will then he can execute a Gift deed and cancel the will for instant transfer of property.

3. Yes will can still be challenged on ground of forged signatures or misrepresentation.

4. Yes

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

1. Yes, he can register a conditional gift deed with the condition that the gift will be enforce only after his demise.

 

2. You both can register a cancellation deed cancelling the said conditional gift deed and register a gift deed afresh.

 

3. He can also register a Will in your favour.

Krishna Kishore Ganguly
Advocate, Kolkata
24725 Answers
702 Consultations

5.0 on 5.0

1. You can ensure your mother and brother sign the said Will as witnesses for which it will be easier fior you to get probate of the said will.

 

2. Your father can register the said conditional gift deed in your favour.

Krishna Kishore Ganguly
Advocate, Kolkata
24725 Answers
702 Consultations

5.0 on 5.0

1. No

2. Yes this clause can be added.

Rahul Jatain
Advocate, Rohtak
5364 Answers
4 Consultations

4.8 on 5.0

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