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Pragadeesh (Lawyer/Factory certification consultant/Cyber crime Analyst)     07 July 2009

Gift deed

Can any condition can be imposed on gift deed?.my parents want to give our immovable property to my sister as dowry and they want to impose a condition that it can't be sold till 3 yrs.whether it is possible?pls suggest some other ideas. Thanks in advance

pragadeesh



Learning

 2 Replies

A V Vishal (Advocate)     07 July 2009

Onerous Gift
'Onerous gift' is a gift made subject to certain charges imposed by the donor on the donee. The principle behind this is that he who accepts the benefit of a transaction must also accept the burden of the same. This section, being an embodiment of a rule of equity, applies equally to Hindus and Mahomedans. For acceptance of an onerous gift, acceptance
of the gift itself is sufficient; there need not be any separate and express acceptance of the onerous condition also at the same time. The acceptance of the gift will carry with it the acceptance of the onerous condition also, even though at the time of the gift the donee was not aware of such condition, specially where the onerous condition is of a trifling nature (payment of Rs. 5 as monthly maintenance to a certain person for life).

sunaina (Lawyer)     07 July 2009

Hi,

There can be condition precedent or condition subsequent attached to the Gift Deed. Any condition depending upon the will of donor is void. But what is the intension behind such condition is not clarified. Do u want to revoke gift if such condition is not fulfilled?


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