• Conditional Sale Deed


My spouse had filed a complaint against me in CAW Cell. Matter was settled in Mediation Center vide a MoU. First Motion has already been filed for. Now, as per MoU, i have to transfer my 50% share in a joint property in her name through Gift Deed / Sale Deed / Release Deed or any other document. 

My preference is a Sale Deed, but I have some queries:-

a. Can "Divorce by Mutual Consent" be mentioned as a consideration in Sale Deed?

b. Can the Sale Deed be made conditional vide some recitals? i.e. Sale of 50% share would become valid only after Divorce Decree is granted by the Family Court.

c. Can I restrict the other party from delineating with the property in any manner whatsoever till the Divorce Decree is granted? i.e. no further sale / gift etc. be allowed till Divorce.

d. Also, can there be any other consideration except "Love & Affection" in a Gift Deed?

Thanks and Regards
Asked 4 years ago in Property Law from Delh, Delhi
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations

4.6 on 5.0

a. 'Divorce' can not be termed as consideration for a sale deed,

b. It can not be a sale deed at all. It could be a Gift Deed or Settlement Deed,

c. You can execute a conditional gift deed where MCD will be the condition for the Gift & she will own the property only after your receiving the decree of divorce,

d. There can be no consideration show for gift deed. Only love & affection should be the reason/base for affecting the gift.
Krishna Kishore Ganguly
Advocate, Kolkata
18164 Answers
439 Consultations

5.0 on 5.0

No, is the answer for all your queries.
Devajyoti Barman
Advocate, Kolkata
12574 Answers
162 Consultations

5.0 on 5.0

1) divorce by mutual consent cannot be shown as consideration in sale deed . 

2) sale deed cannot be conditional that it would be valid after divorce is granted ,. 

3) execute conditional gift deed 

4) no consideration can be shown in gift deed . gift is on account of love and affection
Ajay Sethi
Advocate, Mumbai
44471 Answers
2585 Consultations

5.0 on 5.0

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