Query About Adding A Clause In Gift Deed For Property

860 votes

Dear client, If you are drafting a gift deed but have not registered it yet, you can consider the following legal aspects: 1.Irrevocability of Gift Deeds: Once a gift deed is executed and registered, it generally becomes irrevocable. A clause stating that the donor can revoke it at their discretion will likely be considered invalid in court. 2.Conditional Gift Deed: You can impose reasonable conditions on the donee (your son), such as taking care of you, but revocation cannot be at your sole discretion. 3.Alternative Options: Instead of a gift deed, you may explore: Settlement Deed: It allows for conditions and future revocation in certain cases. Will: If you want control over the property, a will may be a better option than a gift deed. Power of Attorney: If you want to retain control while allowing your son to manage the property. 4.Registration Requirement: A gift deed for immovable property must be compulsorily registered under the Registration Act, 1908. Without registration, it has no legal validity. If you need a customized draft for the gift deed, let me know your exact requirements.

Advocate Adarsh Kumar LawRato

510 votes

yes it will be ok and you can revoked in future and you can mentioned your condition in gift deed for revoke. According to The Transfer of property Act, 1882 we can revoked the gift deed Note:- The donor and donee may agree that on the happening of any specified eveng which does not depend on the will of the donor a gift shall be suspended or revoked but gift which the parties agree shall be revocable wholly or in part at the mere well of the donor is void wholly or in part as the case may be

Advocate Sandeep Vats LawRato

756 votes

Yes infact most gift deeds nowadays are drafted with such a clause to protect the parting parents from the wrongful actions of their sons/daughters who may choose to not care about them once the property is gifted. I would suggest that you get the gift deeds drafted by a competent lawyer to avoid any future problems.

Advocate Vikas Sharma LawRato

528 votes

No, you cannot include a condition in a gift deed stating that it can be revoked at your discretion in the future. Under Indian law once a gift is made, it cannot be taken back unless there is a valid legal reason, such as fraud or mutual agreement. If you want to retain control over the property, consider these options: 1. Use a Will Instead– A will allows you to decide who gets the property after your lifetime, and you can change it anytime. 2. Make a Conditional Gift– You can specify conditions (e.g., the recipient must take care of you), and if they are not met, the gift can be revoked. 3. Retain Lifetime Rights– You can gift the property but keep the right to live in and use it for life. If you want flexibility, a will is the best option instead of a gift deed.

Advocate Nikhil Nagpal LawRato