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Gift deed to a private trust, can the trust sell the property?


13-Oct-2023 (In Property Law)
During 1999 a person transferred a piece of land to a private trust with out mentioning the right to transfer. The trust after observing the formalities as per the trust deed transferred the property to another during 2006. Is this transaction valid. Again the transferee sold the property during 2011 to the present holder. Please inform me if all the transfers are valid and the present holder has absolute right of the property.
Answers (2)

Answer #1
912 votes
As per the Transfer of Property Act, a transfer in the name of gift implies that all the three rights of enjoyment, alienation and possession are transferred. Thus, the Trust has the absolute right to transfer the property unless the gift deed was made with an express condition barring the rightto transfer.
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Advocate Siddhant Sharma

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Answer #2
801 votes
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s k bisaria
can a trust registered u/s 12A of income tax act gift immovable property to another trust

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