Conditional gift deed
2 months ago
My husband is doing a gift deed on my name,but he has put a condition that I should not sell the property (house)without his written consent .Since we had family dispute going on,can it create any problem in future?
A.Dear Client,
Yes, Conditional gift deeds come with specified conditions and those are the reserved rights of the donor. Generally these are created to safeguard certain rights.
If such a clause is imposed you have to abide by the same. But it should be drafted in details.
Thanks
Yes, Conditional gift deeds come with specified conditions and those are the reserved rights of the donor. Generally these are created to safeguard certain rights.
If such a clause is imposed you have to abide by the same. But it should be drafted in details.
Thanks
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A.Dear Client,
While a gift deed can be a means of transferring property ownership, it's crucial to carefully review the conditions mentioned in the document. The condition your husband has imposed, requiring his written consent for any future sale of the property, could potentially pose challenges, especially given the ongoing family dispute. Section 10 of the Transfer of Property Act, 1882, recognizes conditions attached to property transfers, but their enforceability can be subject to legal scrutiny.
It's advisable to seek legal counsel to fully understand the implications of such a condition. Depending on the circumstances, a court may or may not enforce a condition restricting the ability to sell the property. Additionally, consult your lawyer on how family dispute proceedings may impact the conditions specified in the gift deed.
To ensure clarity and avoid potential future disputes, consider discussing and negotiating the terms with your husband before finalizing the gift deed. If necessary, you may want to consult with a legal professional who can provide guidance on how to navigate these conditions within the framework of property laws and family disputes.
Thankyou
While a gift deed can be a means of transferring property ownership, it's crucial to carefully review the conditions mentioned in the document. The condition your husband has imposed, requiring his written consent for any future sale of the property, could potentially pose challenges, especially given the ongoing family dispute. Section 10 of the Transfer of Property Act, 1882, recognizes conditions attached to property transfers, but their enforceability can be subject to legal scrutiny.
It's advisable to seek legal counsel to fully understand the implications of such a condition. Depending on the circumstances, a court may or may not enforce a condition restricting the ability to sell the property. Additionally, consult your lawyer on how family dispute proceedings may impact the conditions specified in the gift deed.
To ensure clarity and avoid potential future disputes, consider discussing and negotiating the terms with your husband before finalizing the gift deed. If necessary, you may want to consult with a legal professional who can provide guidance on how to navigate these conditions within the framework of property laws and family disputes.
Thankyou
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A.Dear Client,
A Conditional Gift Deed is a legal instrument where the transfer of ownership of a property or asset is executed with certain conditions or stipulations. These conditions are binding upon the recipient (donee) of the gift, and they must fulfill the specified requirements to retain the gifted property. Conditional gifts are included under the ambit of Section 126 of the Transfer of Property Act, 1882. Under the provision of said Act, the only requisite of the conditions for this gift is that these conditions shall not purely depend on the will of the donor. If there are any conditions or restrictions attached to the gift, they must be outlined clearly in the gift deed. For instance, the donor may specify that the property cannot be sold for a certain period. The gift is complete only when it is accepted by the donee that makes the gift valid.
A Conditional Gift Deed is a legal instrument where the transfer of ownership of a property or asset is executed with certain conditions or stipulations. These conditions are binding upon the recipient (donee) of the gift, and they must fulfill the specified requirements to retain the gifted property. Conditional gifts are included under the ambit of Section 126 of the Transfer of Property Act, 1882. Under the provision of said Act, the only requisite of the conditions for this gift is that these conditions shall not purely depend on the will of the donor. If there are any conditions or restrictions attached to the gift, they must be outlined clearly in the gift deed. For instance, the donor may specify that the property cannot be sold for a certain period. The gift is complete only when it is accepted by the donee that makes the gift valid.
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