Legal Question in Civil Rights Law in India
a gift deed was made and registered by violating a clause from mother partition deed . the clauses was " if owner of the property wants to gift/sell his portion then he should give 15 days notice to the other relatives ,offering with market price , if the other relatives failed to give the then market price of the property , then the property holder may do what he likes to do"
matter is :- at the time of making registered gift deed this clauses of 15 days
notice was not followed . it was gifted to the brother of property holder without giving notice of 15 days to other
now question := is notice of 15 days is applicable for gifting of property ? is it applicable to sale of the property only
please
2 Answers from Attorneys
You may like to show your documents to a local counsel for appropriate advice.
30.07.2013
Dear Sir / Madam,
A Gift Deed cannot be conditional. The title owner (donor) unconditionally gifts the property out of the owners love and affection for the donee. It would have only applied had it been a sale of the property.
Regards,
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