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