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Need advice on determining title on property
12-Jun-2023 (In Documentation Law)
SIR I HAVE INHERITED PROPERTY BY WAY OF GIFT FROM MY GRAND MOTHER..IN THAT DOCUMENT IT WAS CLEARLY WRITTEN THAT I CAN ALIENATE,SELL,MORTGAGE ,GIFT OR LEASE THE PROPERTY.LATER I HAVE GIFTED THE PROPERTY TO MY WIFE,IN THAT DOCUMENTATION IT IS CLEARLY WRITTEN THAT SHE CAN ALIENATE,MORTGAGE,LEASE BUT SELL WORD IS NOT MENTIONED.BUT NOW SHE SOLD THE PROPERTY WITHOUT MY CONSENT WITH MY SON AS WITNESS.KINDLY CLARIFY WHETHER ALIENATE AND SELL HAVE THE SAME MEANING? IF SO WHY IT HAS BEEN MENTIONED SEPARATELY IN MY LINK DOCUMENT?TO MY KNOWLEDGE ALIENATE MEANS TO TRANSFER BUT SHE SOLD THE PROPERTY .HOW TO PROCEED ADVICE.
Dear Client,
Alienate means, the capacity for a piece of property or a property, right to be sold or otherwise transferred from one party to
another. Conditions restraining alienation or partition Where property is given subject to a condition absolutely restraining the donee from alienating it, or it is given to two or more persons subject to a condition restraining them from restraining it, the condition is void, but the gift itself remains good. Hence, your wife can sell the property. Alienate and sale are not one and the same meaning. Alienation means transferring rights conferred in the immovable property. Alienation means, it may be by way of gift, sale, lease or other modes of conferring rights in immovable property on others. It may be by way of sale also. Alienation of property means transferring the immovable property by way of sale. Even though you did not mention about the sale, your wife has absolute rights to alienate the property gifted by you by way of sale also. It is a valid sale. Unless and until gift is revoked it is valid. It can be revoked by consent of donee that is by consent of your wife only. But your wife donee will not give consent for revokation of gift.
Alienate means, the capacity for a piece of property or a property, right to be sold or otherwise transferred from one party to
another. Conditions restraining alienation or partition Where property is given subject to a condition absolutely restraining the donee from alienating it, or it is given to two or more persons subject to a condition restraining them from restraining it, the condition is void, but the gift itself remains good. Hence, your wife can sell the property. Alienate and sale are not one and the same meaning. Alienation means transferring rights conferred in the immovable property. Alienation means, it may be by way of gift, sale, lease or other modes of conferring rights in immovable property on others. It may be by way of sale also. Alienation of property means transferring the immovable property by way of sale. Even though you did not mention about the sale, your wife has absolute rights to alienate the property gifted by you by way of sale also. It is a valid sale. Unless and until gift is revoked it is valid. It can be revoked by consent of donee that is by consent of your wife only. But your wife donee will not give consent for revokation of gift.
Helpful?
Adv. Sistla Rama Krishna
Vijayawada | 400+ Answers
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