Subal 02 June 2019

Can i donate my home to one son with condition that he can't

My wife has passed away long time ago. I have two sons only. My house is self built through my own hard earned money and is not an ancestral house. My elder son is married at the moment, but stays away in another city due to his job; and my younger son, a student is unmarried at the moment and is staying with me in the aforementioned house . I wish to donate the house to my elder son. However, I wish to include two conditions in the sell deed.1. My elder son, after getting the house can never sell or rent any portion or full property without express, written consent of my younger son. 2. My younger son and any future sons and daughters of his will have complete right to stay in and use the house throughout their life completely.

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5 Replies

Shashi Dhara 02 June 2019

This type of conditions doesontwork in future. First concentrate to Ur 2nd son until he becomes independent.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 02 June 2019

As gifting is a voluntary action, the gift deed should mention that the deed has been made voluntarily and out of the donor’s own choice without any force or coercion. The deed should also declare that the donor is solvent (not bankrupt) and that the gift is being made without any consideration.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager) 02 June 2019

Dear Sir, I fully agree with Shri Sashi Dhara.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager) 02 June 2019

Dear Sir, I fully agree with Shri Sashi Dhara.

Kishor Mehta (CEO) 02 June 2019

It is advisable to prepare a WILL appoint an Administrator and set out the conditions governing the distribution of your assets. You have a legal right to set out whatever terms you prefer in the manner how your property is to be dealt with after your demise.