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Olive   11 October 2016

Conditions imposed in gift deed (can be sold within family)

Dear Law Experts,

Any advise on this is highly appreciated.

Recently my father has gifted me a property (Which he brought in early 1980s) and gift deed got registered in my name. My father has imposed a condition stating, The scheduled property cannot be SOLD to outsider but within the Family (brother , sister or their children).

My Questions:

1) Can i say , i am an absolute owner of this property?

2) Can i sell this property to anybody outside the family during My father's lifetime?

3) Can i gift this property to my husband and inturn can he SELL the property to Outsider?

4)  Is there a way by which i can be able to SELL this property to outsider when need comes?

Thanks in Advance.

Regards, Olive



Learning

 2 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     12 October 2016

Mam, 

 

Gift cannot be conditional, you are the absolute owner of the property and can deal with the same in any manner you feel like. 

 

https://kapilchandnaadvocate.wordpress.com/

Warm Regards 

Kapil Chandna Advocate 

9899011450

 

Olive   12 October 2016

Thanks Kapil Sir, But this condition is clearly mentioned in BOLD letters in the gift deed executed last month. Will this not give a chance for my father to revoke the gift providing condition mentioned in deed is not fulfilled. Thanks , Olive

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