gift deed

Anupam SenGupta (Querist) 03 February 2016 This query is : Resolved
Can a gift deed be done in such a way that the donee gets the right to the property of the donor only after the end of the donor?

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Anupam SenGupta (Querist) 03 February 2016
Is it stated in TOPA

P. Venu (Expert) 04 February 2016
Please state the specific problem.

Anupam SenGupta (Querist) 04 February 2016
The specific problem is the donor wants to gift the property to the donee but he does not want to transfer the rights to property while he is alive. Is it possible in gift deed.

Guest (Expert) 04 February 2016
Mr. Anupam,

Yours seems to be purely a hypothetical academic query!

If not, please discuss, what is the specific purpose or need of gifting, if the doner does not want to transfer the rights of property?

Also, how you are concerned with the problem?

Rajendra K Goyal (Expert) 04 February 2016
He can bequeath a registered will.

Anupam SenGupta (Querist) 04 February 2016
Offcourse i can be more specific. The donor is a relative of mine. He is a bachelor and jointly owns an (HINDU UNDIVIDED FAMILY) undivided property with his younger brother(married and has a minor daughter). The property is not an ancestral property. It was bought by their elder brother in their name. The donor being a bachelor wants to gift his share to his nephew(son of his eldest brother). Can his younger brother object to this or his consent is required? Can my relative(bachelor) gift his share of the undivided property to his nephew in such a way that transfer of right may take place afterwards. Is there such a clause and this arrangement can be made. Details provided

Anupam SenGupta (Querist) 04 February 2016
Will is not an option for either gift deed or my relative wants to sell his share of the undivided property to a third person (anybody) without taking consent of his younger brother. Can he sell his share.

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