• Can wife transfer property to husband with a condition

My sister has bought residential land in her name in Bihar. But My Sister's husband is forcing her to transfer that land ownership in his name. To save this marriage we have reached in a situation where we have no other option but to transfer this property in his name. But we want to make sure that, 
	1. He should not be able to sell or gift that property to anyone else.
	2. Transfer of property should be cancelled in case he remarry to another girl or divorce my sister.
Just wanted to inform that we are Muslim and belong to Bihar.
Is there a legal way by which we can transfer the property where we can met above condition.
Asked 3 years ago in Property Law from Patna, Bihar
Religion: Muslim
1. Then do not transfer the land exclusively in his name. Rather gift him a half share whereby your sister will remain a co-owner of the land along with her husband.
2. No such clause can not be made as transfer once made remains final.
Only the first option proposed by me remains better option.

I must say that no marriage survive by dangling the carrot. The greed of a person can never be fulfilled either.
Best of luck.
Devajyoti Barman
Advocate, Kolkata
13184 Answers
175 Consultations

5.0 on 5.0

1. You sister can execute a gift deed in favour of her husband with a rider that he shall not sell or gift the land. The condition regarding the cancellation of gift in the event he remarries can also be incorporated.

2. Your sister will have to file a lawsuit to cancel the gift deed if the conditions of gift are violate her husband.

3. A conditional transfer of property does not suffer from the vice of illegality.
Ashish Davessar
Advocate, Jaipur
23176 Answers
641 Consultations

5.0 on 5.0

The Supreme Court has ruled that any condition attached to a gift by a Muslim is invalid, including conditions saying the recipient cannot sell or transfer it.

Indian law in general does not recognise conditions attached to gifts but a dispute had arisen over a particular gift made 62 years ago, which the apex court has now settled with a reference to Muslim personal law.

“Under Mohammedan law, a gift has to be unconditional. Therefore, conditions expressed in a gift are to be treated as void. A conditional gift is valid but the conditions are void,” 

The court clarified that the ruling applied only to “gifts pertaining to the corpus of the property” — where the ownership passes from the donor to the recipient.

2) “Likewise, while applying the principles of Mohammedan law expressed in recognised texts and the decision of the Privy Council in Nawazish Ali Khan’s case, it is inevitable to hold that all conditions depicted in the gift deed… which curtail use or disposal of the property gifted, are to be treated as void.”

3) under circumstances no conditions can be imposed by your sister while executing gift deed that husband cannot sell or gift property or cannot remarry
Ajay Sethi
Advocate, Mumbai
46885 Answers
2772 Consultations

5.0 on 5.0

When a gift is made subject to a condition which derogates from the completeness of the gift, the condition is void provided all the essentials of a valid gift are present and the gift will effect as if no conditions were attached to it. 
a gift contingent upon the happening or not happening of a future uncertain event is void.  But contingent gift should not be confused with gift with a condition. 
T Kalaiselvan
Advocate, Vellore
37049 Answers
403 Consultations

5.0 on 5.0

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