Advocate Sushma Gowda

Questions Answered by Advocate Sushma Gowda (25+ answers)

Q: Regarding Sales Deed Name Inclusion

I am about to purchase a resale apartment. The agreement of sales document had both my and my spouse's name. The agreement of sales was registered with 0.1% stamp paper. Now registration is nearing. I want the sales deed document to contain my name only and not my spouse's name. Please advice it is legally correct.

Advocate Sushma Gowda answered
you can register the sale deed in your name with your wife signing as consenting witness while registering Sale deed in your name you can register the sale deed in your name with your wife signing as consenting witness while registering Sale deed in your name

Q: Dividing the property among the co-owner using partition deed

Can we do the partiton deed as : Property A shall belong exclusively to the Elder Son.Property B shall be jointly owned by the Elder Daughter and the Elder Son.Property C shall belong exclusively to the Younger Son.It is expressly agreed that Property D, which is already in the name of the Mother, shall not be part of this partition deed, and the Mother shall retain sole ownership of Property D without any claims from the other parties herein.

Advocate Sushma Gowda answered
Partition deed registration is a legal procedure to authenticate the ownership of each co-owner and legitimise the transfer of shares/portion of the jointly held property. After the partition deed is ready and the co-owners sign, registering with the sub-registrar of the property is mandatory.

Q: I am married, can i gift deed my property to sister & brother

I am married, can i gift deed my property to sister & brother?

Advocate Sushma Gowda answered
it is depends on ownership of property if it is self acquired u can gift A person who owns the property can make a gift to another person. An exception to this rule is the case in which either the donor or the donee is a minor. Minors are not eligible to form contracts; therefore, they cannot transfer property as a gift. If a donor is a minor, the gift deed is not valid and becomes void

Q: Without making a will transfer of property.

Since a "will" can be changed later on. How can we make a gift deed with a clause saying that the parents can kept the house/property untill they are alive and then the gift will come into effect. Thanks

Advocate Sushma Gowda answered
Conditional gifts, also known as revocable gifts, come under the ambit of section 126 of TPA. Conditional gifts are those gifts wherein the parties to the gift, i.e., donor and donee, agree to the revocation of gift by the donor on the happening or not happening of an event. The event may be certain or uncertain; however, if the cancellation of the gift purely depends on the will of the donor, the gift will stand void. The condition attached to the gift can either be a condition precedent or subsequent. Where a condition precedent is illegal, immoral, or anything making it void, the transfer would stand failed; on the other hand, in case a condition subsequent is immoral or illegal, the condition would stand void, but the transfer will still amount to a good gift.[8]

Q: GIFT DEED WITH AN ADDED CLAUSE

Can a gift deed have a clause saying that the house will belong to the parents until they are alive and then it will go to the person it is gifted to. Since the parents are worried, they might get kicked out of the house once it is gifted. House is under mother's name and wants to gift it to daughter (middle child). Thanks

Advocate Sushma Gowda answered
Conditional gifts, also known as revocable gifts, come under the ambit of section 126 of TPA. Conditional gifts are those gifts wherein the parties to the gift, i.e., donor and donee, agree to the revocation of gift by the donor on the happening or not happening of an event. The event may be certain or uncertain; however, if the cancellation of the gift purely depends on the will of the donor, the gift will stand void. The condition attached to the gift can either be a condition precedent or subsequent. Where a condition precedent is illegal, immoral, or anything making it void, the transfer would stand failed; on the other hand, in case a condition subsequent is immoral or illegal, the condition would stand void, but the transfer will still amount to a good gift.[8]