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Kiran Kumar (Software)     31 July 2014

Validity of conditional gift deed

Posting same question as I did not get satisfactory answer

My wife filed MC 120. She agreed to withdraw case provided  I register property in her name in front of judge and prepared below note

In the court of family judge...

1. The respondent(me) agreed to transfer apartment in faour  favour of his minor son by way of gift deed or otherwise and to register same to his minor son represented by mother / father guardian within 30 days of withdrawal of case

Can you please answer below questions

a)  I want to sign above document, but  in case she files any future cases I want to cancel gift deed. while doing gift deed is it possible for me to add conditions like, If she files any case I will take back property etc?

b) Can I gift deed the property to my son and be gurdian my self? my lawyer is saying it is illegal as you will become both donee and doner. Is it true?

Thank you all for your time.



Learning

 2 Replies

Sunil S Nair (lawyer)     01 August 2014

a] No ,, how old is your son you are natural guardian of your son so better not to gift the property now on any ones name,, in terms you want to gift the property you can put the condition that alienation of the said property will not be possible till your child attains so and so age

1 Like

Kiran Kumar (Software)     08 August 2014

My Son is 4 year old. So Is there no way for me recover the gift if my wife files further case/cases?


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