Natraj (Own) 21 July 2013

Conditional gift/donated property

Dear All,

Need legal advice on conditional donated property.

My great grandfather donated property to my grandmother in 1950 through registered gift/donate deed.

In the deed he had mentioned that property donated can not be transferred or sold to other person in any manner, should be occupied/enjoyed only by family members and clearly stated any transaction (Sale/GPA) on this property is invalid.

After death of my grandfather passed away and my grandmother sold this property through registered GPA transaction to other person now the sale of donated property is legally valid?

Kindly help, also please share contact details of Lawyers in Bangalore.

Thanks

Natraj

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3 Replies

Dr J C Vashista (Advocate) 21 July 2013

Once gift is accepted, the title of property stands transferred in the name of donee (receiver) who has his/her choice to do as he/she wishes, irespective of the condition laid down, however, may challange teh action of donee and take a chance.

Dr. Jyothi Vishwanath (Associate Professor of Law) 21 July 2013

If gifts are made with conditions, the condition is void and the gift is valid. So the donee can further transfer the property ignoring the condition.