In a conditional gift deed can I add a condition that the gift deed will be revoked if the donee files for divorce? And it can be transfer only to the children of the donor
Conditions attached to a gift must not be illegal, immoral, or against public policy.
2) you can impose condition that donee shall during your lifetime take care of you ,maintain you provide medical care when needed and shall not during your lifetime sell or mortgage the gifted property
Though conditional gift can be made but every condition which restrict right of donee is illegal and not enforceable. While making gift, you can ensure interest of children.
Conditional gift deed: 2) you can impose condition that donee shall during your lifetime take care of you ,maintain you provide medical care when needed and shall not during your lifetime sell or mortgage the gifted property , how difficult it is to prove above condition is not met. Meaning when a medical condition exist, and the donee is not paying for hospital bills , can this gift deed be revoked by approaching the court?
Correspondence ,messages exchanged with donee regarding failure to pay maintenance,failure to pay the medical bills ,failure to take you to doctor if you are unable to go on your own would help you make out a case
Gift Deed can be conditional but the Gift Deed will be valid if transfer of the title is passed on immediately by the donor and accepted by the donee. Otherwise it will be treated as Will. In a conditional gift deed it can be mentioned that the donor will live in the premises gifted to the donee, till he dies.
The above has been confirmed in Pranivandas (1997 (7) SCC 480), the Supreme Court held that a gift deed could contain conditions, and the donor could retain possession of the property until the fulfilment of those conditions.
However any other condition, say like the one what you propose to make, will not make the gift deed legally valid.
Therefore the gift deed you propose to execute is not legally valid.
The conditions about taking care of the donee till his lifetime clearly indicates that in violation to the said condition, the gift deed stands automatically cancelled/revoked.
The donee can execute a cancellation deed to cancel the gift deed in that circumstance
Dear Client
Condition Regarding Divorce:
In India, you can generally include conditions in a gift deed, but they should not be illegal, immoral, or against public policy. Adding a condition that the gift deed will be revoked if the donee files for divorce is possible. However, the enforceability of such a condition may depend on various factors, including the wording of the condition and the circumstances surrounding the gift. If you want to include such a condition, it is advisable to consult with a lawyer to draft it properly and ensure its legality.
Conditions for Maintenance and Medical Care:
You can also impose conditions that the donee must take care of the donor during the donor's lifetime, provide medical care when needed, and not sell or mortgage the gifted property during the donor's lifetime. The enforceability of these conditions may depend on the specific language used in the gift deed and the facts of the case.
To prove that these conditions are not met, you would need to gather evidence, such as medical records, financial records, and any other relevant documents, to demonstrate that the donee has violated the conditions. You may need to approach the court to enforce these conditions if the donee is not complying with them.
A conditional gift deed is a legal document that transfers the rights and interests of a co-owner of a property to another co-owner or a third party, subject to certain conditions and restrictions. A conditional gift deed can be cancelled or revoked by mutual consent of both parties or by operation of law. A conditional gift deed can also be challenged in court on various grounds, such as fraud, coercion, undue influence, misrepresentation, mistake, lack of free consent, lack of mental capacity, etc.
Now, coming to your questions:
Yes, you can add a condition that the gift deed will be revoked if the donee files for divorce. This is an example of a condition subsequent, which means that the transfer of the property is subject to the happening or non-happening of a future event. If the event occurs, then the transfer is cancelled and the property reverts back to the donor. However, you should be aware that such a condition may be challenged or disputed by the donee or any other interested party on various grounds, such as being unreasonable, illegal, immoral, impossible, uncertain, etc.
Yes, you can also add a condition that the property can be transferred only to the children of the donor. This is an example of a condition precedent, which means that the transfer of the property is subject to the fulfillment or non-fulfillment of a prior condition. If the condition is fulfilled, then the transfer is complete and valid. If the condition is not fulfilled, then the transfer is void and ineffective.
It may be difficult to prove that the above condition is not met, as it may depend on various factors, such as the nature and extent of the medical condition, the availability and adequacy of the medical care, the financial capacity and willingness of the donee, etc. You may need to produce evidence, such as medical reports, bills, receipts, bank statements, etc., to show that you have suffered from a medical condition and that the donee has failed to provide you with proper care and support. You may also need witnesses who can testify about your situation and your relationship with the donee.
You can revoke the gift deed by approaching the court if you can prove that the donee has breached or violated the condition attached to the gift deed. You can file a suit for declaration and cancellation of the gift deed in the civil court having jurisdiction over the property. You can also seek an injunction to restrain the donee from alienating or encumbering the property until the suit is decided. You can also seek damages for the loss and injury caused by their breach or violation.
No it can’t be revoked for above condition
Yes, such condition can be made with other stringent conditions, and inviolation of condition gift can be revoked.
- Supreme Court in the matter of S. Sarojini Amma versus Velayudhan Pillai reekumar , held that there is no provision in law that ownership in property cannot be gifted without transfer of possession of such property. However, the conditions precedent of a gift as defined in section 122 of the Transfer of Property Act must be satisfied. A gift is transfer of property without consideration. Moreover, a conditional gift only becomes complete on compliance of the conditions in the deed.
- A per transfer of property Act, 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 can execute a Conditional Gift deed in favour of her , after mentioning those conditions.
