LawRato

Can gift deed contain restriction clause


23-Feb-2023 (In Property Law)
whether a gift deed can contain clauses restricting the sale of property by donee tp a 3rd party ..?
Answers (3)

Answer #1
836 votes
The gift deed is a complete document wherein the Donor and Donee convey and accept the transfer. The document is compulsorily registereable. The gift deed even if it contains a restrictive clause will not restrict the right of Donee to transfer - sell the property invvoved.
People also ask

How do you write a settlement deed?

The names of the parties. The settlement deed will identify the parties to the transaction, which are the buyer and seller. ... Details of the property. ... Amount of the transaction. ... Terms and Conditions ... Signatures and witnesses. ... Heading. ... Parties involved. ... Property Specifications

Can a settlement deed be conditional?

The settlement agreement that is executed can either be unconditional or conditional. 14-Oct-2021

How do you write life interest in a Will?

Do a life-interesting deed: In the deed, the personal information of the life tenant and the transferor should be listed. In the deed it is important to discuss the life interest given to the life tenants separately. Both parties should sign the document. 18-Jan-2023

Can a person with life interest sell the property?

In general, (as we did not read the Will), a person with a life interest does not have the rights to sell, transfer, or alienate property in the interests of the absolute owner. This is your son. The right to use the property is limited to the time remaining until the life holder dies. 16-Mar-2019

  
Answer #2
922 votes
yes include have rights sale of property by done tp a 3rd party ,... Under section 122 of the Transfer of Property Act, 1882, you can transfer immovable property through a gift deed.!

Answer #3
840 votes
No. But it can contain a clause saying it must be offered to someone first for sale before offering it to others. You can also convey a life interest if that help. You can't create a complete encumbrance on its transfer.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."