Conditional Gift Deed
10 months ago
In a conditional gift deed where rental income remains with the donor until she is alive, will the possession of property be transferred to the donee and the cooperative society in Mumbai accept the gift deed as the donee being the new owner and transfer it?
Once a gift deed is executed by the Donor and registered, the donee becomes the owner and possessor of the gifted property and entitled to all the incomes derived from the property, and liable for all payouts including income tax arising out of the house property. So, any condition which is contrary to any provision of any other act applicable on the subject matter is void from the beginning, so such a conditional gift is not acceptable.
It is requested you to kindly state the facts precisely and with more clarity so I can provide you with better suggestion.
Anonymous
Replied 10 months ago
An old immobile mother(donor) of 88 years wants to transfer a property in Mumbai to her child through a conditional gift deed but wants to put a condition that the rental income from the property should continue to come to her while she is alive and later on the donee can get the rental income or do anything with the property as they please. This is required as she is presently unable to travel and vote as the property may go for redevelopment as physical presence of the owner is required for voting. Will the society accept the conditional gift deed? Will the property be transferred to the donee upon registration of the conditional gift deed? If transfer of property is immediately done on registration of the gift deed who will have to pay income tax on the rental income?
Property documents
Right over mother's ancestral property
Transfer of property to wife after demise of husband
Path to reach home
Property disputes
