where a gift deed is executed subjected to certain conditions, the satisfaction of those conditions is of utmost importance and that conditions do not make the gift void neither does reserving the right to enjoy and possess the subject property by the donor.
2) mother can execute conditional gift deed wherein she has right to enjoy property during her lifetime
Contingent gift deed
My mother-in-law has a flat in her name. She wants to make a gift deed gifting the flat to her daughter (my wife). But she wants the transfer of title to take effect only after she dies. In other words, she wants to be the owner of the flat so long as she is alive. But she also wants that after her death, the title of the flat should automatically pass to her daughter by virtue of the gift deed made by her when she was alive. The idea is to make the transfer of title automatic and easy upon her death without the hassle of having to go by the will-probate route. Is it possible to make such gift deed and is it valid in the eyes of Indian law?
Asked 4 years ago in Property Law
Religion: Hindu
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4 Answers
Hi, Your mother-in-law can't make that kind of Gift Deed. Once the Gift Deed was executed, the property is immediately transferred to the Donee. It is better you mother-in-law can write will. So that it will come into effect only after her death.
She can transfer the property by executing a registered conditional gift settlement deed in favor of her daughter.
In the recitals she can impose the clause mentioning that she retains life interest over the property being transferred to her daughter's name till her lifetime to enjoy and collect the revenues accrued from the said property.
She can also include another clause that she reserves the right to revoke the gift settlement deed in case of violation of the conditions that is if her daughter fails to take care of her or trying to violate the conditions of the deed.
Another clause that can be made would be the general clause that her daughter would automatically enjoy the property with possession and absolute title after her lifetime.
Thus the recitals in the registered gift settlement deed has to be carefully drafted in order to achieve the purpose
No in that case you need to make a will. In gift deed it will be done immediately
