Property conditional gift deed query
Ej
(Querist) 08 February 2017
This query is : Resolved
My father hailing from a Hindu family has some property land in Kerala which came to him through maternal partition(during partition in 1950's, my fathers mother, father and my fathers sister got some land). I don't have any siblings. Now me and my partner want to build a house in that land. And my father is ready to register on our names ( not in favour of will) subject to a condition that both my father and mother have the complete right to stay in the house which we are going to build. We accept that. I want to know if this can be make possible as a conditional gift deed. Please advise if this is an ancestral property of my father.
Ej
(Querist) 08 February 2017
Please could someone advise me
Adv. Yogen Kakade
(Expert) 10 February 2017
There is no concept of Conditional Gift deed. And if the property is an ancestral property and other members are existed thenn the property cannot be gifted.
Rajendra K Goyal
(Expert) 11 February 2017
Conditional gift not possible.
Show all documents to local lawyer and discuss in detail.
krishna mohan
(Expert) 09 March 2017
You can construct being the legal heir for the living of your parent and you will inherit as per property law. But partner will invest based on what rights?
Advocate Ravinder
(Expert) 14 May 2017
This is not ancestral property. This is exclusive property of your father, your father’s mother and your father’s sister, as they got it by way of partition in 1950.
Conditional gift will not suit in your case. Your father, mother on one side and yourself and your partner on other side should enter into registered Development Agreement specifying the shares as you mutually agree. You and your partner should give some Advance to your father and mother.
