• Gifted property

Hi.. I am 26 years old. I have 2 brothers. My father gifted a house for me after my mom's death. For my future purpose I took a loan with the house which he gifted me. Now he came to know that I took loan on that house, so he is telling me that he would file a case on me (I don't know what case that would be). He is telling that I can't use that gifted property till his death. I just wanted to know whether if a property is gifted once then it can't be used till the donor's death or once it's gifted then the donor has no right on the property and can be used by the donee for loans etc..
Asked 7 months ago in Property Law from Kadapa, Andhra Pradesh
Religion: Muslim
In case of a gift deed the transfer of title is instantaneous unlike a will. An unconditional gift deed in favour of the donee comes with all the attendant rights which accrue to the title holder of a property. So if it is an unconditional gift deed then you had the right to mortgage it to obtain a loan. If and when a case gets filed then contest it fittingly.
Ashish Davessar
Advocate, Jaipur
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Then it was a conditional gift deed, in which event you are bound by the conditions imposed in the deed. However, the gift deed has to be perused threadbare to ascertain if there were any fetters on your right to mortgage the property.
Ashish Davessar
Advocate, Jaipur
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449 Consultations
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once gift deed is executed title in property passes on from donor to donee

2) you are the absolute owner of property


3)you can take loan against the property 

4) i presume no conditional gift deed was executed by your father 


Ajay Sethi
Advocate, Mumbai
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1) your father has executed a conditional gift deed 

2) it is necessary to peruse the gift deed executed by your father to advise . 

3) it is better you repay the loan to be on the safer side as your father can move to set aside gift deed 

4)contact a local lawyer 
Ajay Sethi
Advocate, Mumbai
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1226 Consultations
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Hi 
1) Once the gift deed is executed through a registered gift deed, then you are the absolute owner. 

2) Since your father has gifted the property to you and you have accepted the gift, you become the absolute owner per se.  Since you have also taken a loan on the house, that is an additional piece of evidence that you have accepted the Gift. 
3) Your father cannot revoke the Gift under any circumstances. 
4) With reference to your father retains is the right to use the property till his life time. 
Right to use the property during the life time of the donor DOES NOT affect the Transfer of Ownership in favour of the Donee by the Donor. 

5) You may refer to the  CIVIL APPEAL NO. 4195 OF 2008, Renikuntla Rajamma (D) By Lr vs K.Sarwanamma on 17 July, 2014, by supreme court of India. This judgment is applicable to you and should give you confidence in this transaction. 

6) The Above judgment is applicable to Gift deed executed by Hindu's, Muslim, Christian etc as Transfer of property Act is uniform code across all religions.

Section 123 of Transfer of Property Act, defines the mode of making a gift and, inter alia, provides that a gift of immovable property must be effected by a registered instrument signed by or on behalf of the donor and attested by at least two witnesses.
Rajgopalan Sripathi
Advocate, Hyderabad
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 I just wanted to know whether if a property is gifted once then it can't be used till the donor's death or once it's gifted then the donor has no right on the property and can be used by the donee for loans etc..

Once an immovable property has been transferred by a registered document namely sale deed or gift deed or partition deed or relinquishment deed, the previous owner has no rights in it after execution of the same and the same has been acted upon, i.e. acceptance by the buyer/donee etc. 
A gift deed with condition is not valid hence he cannot make a conditional gift deed.
A registered gift deed cannot be revoked by the donor unilaterally, he may have to approach the court of law for cancellation but he has to produce substantial evidence supporting his claim for cancellation which in the normal circumstances the court may not entertain.
Therefore just dont be bothered about your father's such statements, ask him to proceed legally which can be challenged on the basis of the provision of law in this regard.
T Kalaiselvan
Advocate, Vellore
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128 Consultations
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In the property documents it is mentioned that I'm the legal owner from this day but I can't use the property till my father's death. That's why it is confusing. If I'm the legal owner then I must have all the rights. And the point which says that I can't use the property till his death must be invalid. Can you please clarify this to me?

The said conditions are not binding in law, 
He cannot impose such conditions in the gift deed.  This might have crept in due to his ignorance of law.
Ignorance of law cannot be claimed as an excuse.
Let him approach court of law in this regard, the court will anser his problem appropriately, you can challenge his claim and defend your property properly.
T Kalaiselvan
Advocate, Vellore
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128 Consultations
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