it’s not legal in such a way. It can’t be revoked
Conditional gift deed, revoked if filed for divorce. Can this be legal I got following response on this group for my enquiry, so trying check a lawyer advice on the same Gift deed 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.
Gift is a transfer of property where interest is transferred from one living person to another, without any consideration. It is a gratuitous and inter vivos in nature. Gift Deed is a legally binding written document defined in Section 122 of the Transfer of Property Act, 1822, through which the donor can transfer an existing movable or immovable property to the donee voluntarily. A Gift Deed is valid only if it is given out of love and affection, without any consideration in return by one family member/ friend to another.
A gift once made and registered with due process of law cannot be revoked. After the acceptance, it becomes the property of the donee. The donor cannot independently revoke the deed. Also, in a deed where the parties have agreed that the deed shall be revocable in part or whole, by the mere will of the donor, is not a valid Gift Deed.
However, under Section 126 of the Transfer of Property Act, 1882 there are certain grounds when gifts can be revoked. The revocation in itself incorporates the cancellation of the Gift Deed and the possession of the property is returned to the donor. The grounds are –
So if the gift was made by obtaining consent on the above grounds it can be revoked. And in case, the donor dies, his heirs have the right to file for revocation of the deed.
It is most important is that ;If the donee doesn’t accept the gift, the donor cannot force the recipient to accept the same. The deed shall stand invalid unless the donee records the acceptance.
A donor can impose conditions that allow them to retain certain rights over the property, such as a life interest..According to the transfer of property Act 1882, a gift Deed is valid only if registered. But the same time a Free Consent( Both the donor and the donee must give their free and voluntary consent to the terms and conditions of the gift deed ) is important if it is conditional .
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.
The only condition that can be imposed in a registered gift deed would be that the donor will live in the premises gifted to the donee, till he dies.
you may not consider any other aspect in this regard and you may consult an advocate either from this forum or outside before concluding on it for drafting the suitable recitals to be incorporated in the proposed conditional gift deed for transferring your immovable property in favor of the donee/beneficiary
It is well settled law that condition memntionwd in gift deed should not be illegal ,immoral or agai st public policy
2) your wife is at liberty to file for divorce on any of grounds mentioned in HMA
3) if your wufe is victim of domestic violence she is at liberty to file for divorce on grounds of mental cruelty
4) in such a case if you seek to revoke gift deed on grounds that that she has violated conditions of gift deed by filing for divorce you may not succeed as she is at liberty to file for divorce on any of grounds mentioned in HMA
Statement is not fully correct. As filing of case be it divorce case or any other court case, the same is constitutional right so this restriction preventing filing of divorce case is illegal and is in violation of constitutional right, hence, such condition is infractuous since its inception.
Other than below conditions, are there any other conditions that can be applied to make sure the gifted property is not misused. 1. 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 2.Yes, you can also add a condition that the property can be transferred only to the children of the donor. 3.another condition that the rental income from the gifted property will be shared to donor by a percentage mentioned in the condition ? 4. Can donor and donee mutually agree to cancel the gift deed in case we have to sell partly or fully to third party, For educational need of kid? Or a life threatening medical condition? 5.are there any clause that allow the donee to sell the property during the life time of donor?
A valid conditional gift deed is:
The donee can have a choice to oblige to the condition or not.
The donor cannot state any extreme or immoral conditions against the law. It should not be immoral, harmful, criminal, or vengeful.
Any kind of condition that might be like a punishment for the donee is not enforceable by law.
All the four conditions what you have proposed to incorporate in the gift deed is not lawful hence the gift deed will not be legally valid.
The conditions what you have mentioned appears like compensation.
A gift deed would be invalid if it included any compensation for the gift.
A conditional gift with no recital of acceptance and no evidence in proof of acceptance, where possession remains with the donor as long as he is alive, does not become complete during lifetime of the donor. When a gift is incomplete and title remains with the donor the deed of gift might be cancelled.
To understand what constitutes as a Gift, the Supreme Court in the case of Naramadaben Maganlal Thakker v. Pranivandas Maganlal Thakker and others, held “Gift means to transfer certain existing moveable or immoveable property voluntarily and without consideration by one person called the donor to another called the donee.
section 122 of the Transfer of Property Act, 1882 also defines the same that gift is without consideration.
Gift deed can be cancelled with mutual consent in case it is necessary to sell property during your lifetime
He the issue is that I’m gifting the only property that I have planned to use it for expenses after my retirement If I gift this property I don’t have another source to pay my bills after retirement incase if my wife is not in marriage anymore. Please help me with acceptable and enforceable precedent conditions or subsequent conditions gift deed can have when gifting to wife still in marriage
Don’t execute the gift deed
Keep property in your name
I have already advised you as to clauses to be incorporated in gift deed
The advocates here can only advise or give a opinion to your situation.
In that situation you better bequeath the property by a Will so that it will be enforceable only after your lifetime.
- As per Indian law, wife having no right over the property of her husband during his life time , however she having right to claim maintenance /alimony and residential right after filing a petition under the provision of DV act.
- The maintenance /alimony will be depend upon your income and capacity to pay and for calculating the same the property can be considered by the court.
- You can mention in the said conditional gift deed , that this deed is given to her due to love and affection , and in good relationship of husband & wife , and if she will not maintain harmony and good relationship with her husband and other family members , then this gift deed will automatically revoked , and it will loose its legal status.
Dear Client
Maintenance and Care of Donor: You can include a condition in the gift deed that requires the donee to take care of the donor during their lifetime, provide medical care when needed, and not sell or mortgage the gifted property during the donor's lifetime. This can help ensure your financial and healthcare needs are met.
Transfer to Children: You can specify in the gift deed that the property can be transferred only to the children of the donor. This condition can help preserve the property within the family.
Sharing Rental Income: You can include a condition that the rental income from the gifted property will be shared with the donor by a percentage mentioned in the condition. This can provide you with some financial support during your retirement.
Cancellation of Gift Deed: You may include a clause in the gift deed that allows the donor and donee to mutually agree to cancel the gift deed in specific situations, such as the need to sell the property partly or fully for educational needs or life-threatening medical conditions. This condition should be carefully worded to ensure clarity and enforceability.
Sale of Property During Donor's Lifetime: You can restrict the donee from selling the property during the donor's lifetime by including a condition to that effect. This condition can help protect your intended use of the property during your retirement.
Please note that the enforceability of these conditions may depend on various factors, including the wording of the conditions, local laws, and specific circumstances. It's highly recommended that you consult with a qualified lawyer who specializes in property and family law in India to draft a gift deed that meets your needs and complies with Indian legal requirements.