90,000+ Legal Questions Answered
Conditional Gift Deed further gifting rules
10 months ago
Received a property in gift deed with condition that if we sell 10.2% of the sales consideration is to be paid to the Donor. Donor is my brother and property is ancestral. Can I further gift this property to my son as a gift. What will happen to this condition then?
A.Dear Client,
The Hindu laws of succession and inheritance are governed by two traditional treatises—the Dayabhaga school which applies to Bengal and Assam and Mitakshara, which governs the rest of India. Mitakshara treaty says that each person on his or her birth acquires an equal interest with his/her father in the joint family property. However, under Dayabhaga as long as the father is alive, he is the master of all properties whether ancestral or self-acquired. As per Mitakshara, a person can gift a portion of the family property only for certain eventualities during distress for the sake of the family and especially for pious purposes. No part of the ancestral family property can be gifted away by the coparcener or co-heir who had no power to gift a joint family property unless he is the sole surviving legal heir. Thus when a donor got no right to give away an ancestral property that did not belong to him, such a gift would be treated as void.
The Hindu laws of succession and inheritance are governed by two traditional treatises—the Dayabhaga school which applies to Bengal and Assam and Mitakshara, which governs the rest of India. Mitakshara treaty says that each person on his or her birth acquires an equal interest with his/her father in the joint family property. However, under Dayabhaga as long as the father is alive, he is the master of all properties whether ancestral or self-acquired. As per Mitakshara, a person can gift a portion of the family property only for certain eventualities during distress for the sake of the family and especially for pious purposes. No part of the ancestral family property can be gifted away by the coparcener or co-heir who had no power to gift a joint family property unless he is the sole surviving legal heir. Thus when a donor got no right to give away an ancestral property that did not belong to him, such a gift would be treated as void.
Helpful
Helpful
Share
A.Dear client,
The conditions attached to the conditional gift deed should be reasonable as a basic rule. The donee can have a choice to oblige to the condition or not. The donor cannot state any extreme or immoral conditions against the law. It should not be immoral, harmful, criminal, or vengeful. Any kind of condition that might be like a punishment for the donee is not enforceable by law. It becomes void.
The conditions attached to the conditional gift deed should be reasonable as a basic rule. The donee can have a choice to oblige to the condition or not. The donor cannot state any extreme or immoral conditions against the law. It should not be immoral, harmful, criminal, or vengeful. Any kind of condition that might be like a punishment for the donee is not enforceable by law. It becomes void.
Helpful
Helpful
Share
Read Related Answers
Mentally torture
Dear Client,
Such kind of inhuman ill-treatment and emotional harassment by a husband towards his legally wedded wife deserves stringent action and strong protest by filing a complaint under Sec.12 o...
Took anti depressants for 10 years
Dear Client,
While I sympathize with the plights you are facing at your own house from your biological parents, I want to inform you that this type of attitude/ incidence is common among homes across...
Legal Action for Postponing Wedding
Dear Client,
Any person can file a complaint before the authority or Court for a valid reason or even for no reason to harass the other party in a false case. To address a false case or complaint file...
Marriage - married my sister with all the rituals
Dear Client,
If your sister wishes to continue the marriage, then it is advisable to seek the assistance of a marriage/family counselor to resolve the issues. Otherwise, your sister can file a suit fo...
OBC NCL certificate
Dear Sir,
It depends upon the circulars issued by the State and Central Government. Normally, the income for the last preceding year will be taken into consideration.
Read Blogs on Family
Family Lawyers
Find Lawyers by Location
