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Ej   07 February 2017

Conditional gift deed

Our ancestral property (land) in Kerala which is under my father's ownership currently, my father wishes to transfer to me and my husband subject to a condition that both my father and mother have the right to stay in the house which we are going to construct in that land during their life time. Please advise if this could be achieved through conditional gift deed and if so will it be valid . And also please let me know the procedure as well. I want to assure them that no one has the right to ask them to vaccate the house


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 6 Replies

NAGMANI KUMAR   08 February 2017

I think you have no any problem Because your land gifted of you Father. I'm law student any problems than you ask questions me email address is nagmani.kumar786@gmail.com

NAGMANI KUMAR   08 February 2017

I think you have no any problem Because your land gifted of you Father. I'm law student any problems than you ask questions me email address is nagmani.kumar786@gmail.com

NAGMANI KUMAR   08 February 2017

I think you have no any problem Because your land gifted of you Father. I'm law student any problems than you ask questions me email address is nagmani.kumar786@gmail.com

avnish kushwaha (lawyer)     08 February 2017

As per the facts revealed in your query, if the said property is ancestral, then you are already having share therein alongwith your parents and his other legal heirs, if any, as per Hindu Succession Act. Your father has discretion to dispose of only his share in the ancestral property. Further, if he wants life time interest in his share in the property, it is better to execute a 'Will' deed by him in your as well as your husband's favour. For more satisfactory advice, you may consult a Lawyer in this regard.

avnish kushwaha (lawyer)     08 February 2017

As per the facts revealed in your query, if the said property is ancestral, then you are already having share therein alongwith your parents and his other legal heirs, if any, as per Hindu Succession Act. Your father has discretion to dispose of only his share in the ancestral property. Further, if he wants life time interest in his share in the property, it is better to execute a 'Will' deed by him in your as well as your husband's favour. For more satisfactory advice, you may consult a Lawyer in this regard.

avnish kushwaha (lawyer)     08 February 2017

As per the facts revealed in your query, if the said property is ancestral, then you are already having share therein alongwith your parents and his other legal heirs, if any, as per Hindu Succession Act. Your father has discretion to dispose of only his share in the ancestral property. Further, if he wants life time interest in his share in the property, it is better to execute a 'Will' deed by him in your as well as your husband's favour. For more satisfactory advice, you may consult a Lawyer in this regard.

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