Settlement by gift with condition
T SANKAR RAO
(Querist) 05 September 2014
This query is : Resolved
Sir, I wish to settle by gift deed, my self-acquired house property to my daughter of first wife who is no more, with a condition to allow my present legal wife (step-mother to the donee)to reside, if she so desires till her death. Please advise.
Devajyoti Barman
(Expert) 05 September 2014
Do so and engage an advocate to draft such deed.
Raj Kumar Makkad
(Expert) 05 September 2014
There i no legal hurdle in imposing the condition in the gift-deed as you require.
V R SHROFF
(Expert) 05 September 2014
EXECUTE " WILL"
DURING YOUR LIFETIME, YOU CAN DO WHATEVER YOU DESIRE,
Dr J C Vashista
(Expert) 06 September 2014
Although you can gift the property to your daughter with the condition, yet why don't you re-consider of executing a will to secure yourself as well as your second wife, as rightly advised by expert Sh. V R Sharoff, I agree with him.
T SANKAR RAO
(Querist) 06 September 2014
Thank you Sirs for your kind advice. I am 70 years old and health problems likely to troublesome. "Will" method may result in creation of problems by the brothers of my wife to tease my daughter. I learnt a lesson in my life that no man (middle class and below) should remarry when there are children to first marriage. I hope the learned Legal lumineries can understand the situation.
Rajendra K Goyal
(Expert) 06 September 2014
You can execute gift deed with the mentioned conditions, get it drafted by a lawyer.
Kumar Doab
(Expert) 06 September 2014
The house is self acquired. The brothers of any wife have no claim since your daughter being ClassI legal heir is present.
Agreed with experts that for ............. deed approach a competent lawyer and let your lawyer draft it to defend your interest.
Raj Kumar Makkad
(Expert) 07 September 2014
You need not to afraid from the side of the brothers of your wife as they have no say in the said property which is your self acquired. Will is a free method to transfer the property compared to gift-deed.
Raj Kumar Makkad
(Expert) 07 September 2014
You need not to afraid from the side of the brothers of your wife as they have no say in the said property which is your self acquired. Will is a free method to transfer the property compared to gift-deed.
T SANKAR RAO
(Querist) 07 September 2014
Thank you Sirs for your kind legal advices.
malipeddi jaggarao
(Expert) 08 September 2014
If you are willing to bear the registration charges of Gift Deed, conditional gift deed with the right to live-in for your second wife and ownership to your daugther of first wife is the best option which will give you mental relief.
T. Kalaiselvan, Advocate
(Expert) 09 September 2014
conditional gift deed to your daughter with life time benefit to your second wife can be executed, but what is the guarantee the your wife's brother wont tease your daughter even under this circumstance(?)
