Gift deed

Gift deed is valid with immediate effect. Once it is made and registered, it cannot be modified.

gift (settlement) be executed in favour of her two sons, reserving her life interest over the property.  in such case, the deed may be changed.

IT IS ONLY FOR INFORMATION.

can she put a clause that gift deed will be executed after her death, so that none of the son trouble her to sell the property till she is alive

Gift deed requires signature of the donor. It comes into operation immediately. Why cannot she make a will??   

Dear Pankaj, I live in Hyderabad. My lawyer told me that even if a Gift Deed is registered, it can be revoked in extreme cases. Interestingly, my lawyer says that the following clause can be included in the document that will protect the Donor:

"The Donor is at liberty to keep his rights over the property, entire or part, if the Donees engage in unpleasant or unlawful acts against the Donor, and the Donor is at liberty to revoke or cancel this Deed of Gift Settlement at any time, entire or part of the property individually. After the execution of this revocation or cancellation of this Deed of Gift Settlement, the Donees or their nominees or representatives will cease to have any rights over the property henceforth."

This clause allows for good protection but you have to get it checked by your lawyer if the above clause can be included in your document. Hope my message helped.

Thanx mr naveen for a usefull tip

I dont agree with Mr.Naveen. Even if you put such a clause in the deed, it will not help the donor. Transfer of property act declares such transfers as void.    

Dear Dr. Jyothi Vishwanath, I am not aware of what actually goes into a Gift Deed. I have left it to my lawyer to draft the document. I am below 50 years of age and I want to transfer my property to my wife and minor son via a Gift Deed because I cannot transfer it via any other document as the property was given to me by my aunt through Sale Agreement cum GPA in 2004, which is registered. My aunt passed away suddenly last year and I was told I cannot Will the property to my wife and son with Sale Agreement cum GPA. Hence I am forced to pursue this way to get it transfered to them. Now, since I am below 50 years, what if my family disowns me after the execution of Gift Deed? So, to protect me, my lawyer came up with this idea. Could you please advice how to gift and at the same time safeguard myself? Can we go in for a Conditional Gift Deed? Your help will be highly appreciated. Thank you.

Gift deed is an absolute transfer. So under Section 10 of the Transfer of property act, it is not allowed and if you do so, the whole transaction becomes void.

I think you can make a will deed. That will keep your control over the property during your life time and family is also happy that you are giving in their names. 

Under the Muslim law, if the parties are muslim, gift with a condition is valid. Among hindus, it is not valid.  

Sir/Madam sorry to bother you with so many queries but I was told that after SC ruling in 2011 Sale Agreement cum GPA holders cannot transfer property to family via Will Deed since GPA is not Title. Morever, since my aunt passed away and I have Sale Agreement cum GPA registered in my name, am I still the owner of the property because an SRO scared me saying that I will have no rights over the property. Please advice kind sir/madam? I am from Hyderabad in Andhra Pradesh.

What does the sale agreement cum GPA says??

Can you tell in little detail?

Sir/Madam, I am a Christian, so I dont know what the law states for Christians. If you don't mind can I send you the  whole document via email if its okay with you? My email is nnpagola@gmail.com, please send me an empty mail so I can send you the document for your kind perusal and advice. Thank you.