I want to sell my flat as gifted to me by my brother but conditions in the will say that I can't ".... None including the donor, has any right to make further construction, or sell, or transfer or alienate..." "The intention of the donor in making these gift deed is that all brothers with their families should have peaceful living and their children too, after them shall be able to live comfortably for their lives. Therefore , none of the donees or donor shall otherwise transfer the property to any one Is this correct from a legal point and enforceable ? Can I sell Also my brother (donor) is threatening to cancel the gift deed. Can he do that? Flat is in Hyderabad
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1.It is not clear whethr you get this proeptty by Will or by gift deed.
2.If you have got this through a registered deed of gift then you can sell this as if there is no such restrictions.
3.If it is Will then he can revoke the Will which is not enforceable during the life time of the maker.
4.Gift deed once made by the dnot cannot be revoked by him anymore.
Thank you. It is a gift deed, donor has gifted to three brothers with same clause (common gift deed) I am paying property tax on this and showing rental income also This is for clarifying
Then the clasue if not enforceable and you can proceed to sell the gifted proeprty.
the clause in gift deed restraining sale of property by donee is void
2) gift deed can neither restrain nor alienate a right completely. So, a condition cannot prohibit the donee from selling or alienating a property unless he only has a life interest
3) donor cannot revoke gift deed unilaterally. he has to file suit to set aside gift deed
clause in gift deed is void .
donor cannot revoke gift deed unilaterally
1. Why was the will made after the execution of the gift deed? Is the gift deed conditional or unconditional? If the gift deed did not impose any fetters on your right to alienate the property then it resulted in an instantaneous and absolute transfer of title to you, which means that the donor ceased to have any right, title or interest in the property thereafter. So he could not have made the will.
2. You should file a suit for declaration of the gift deed as legal and binding on the donor and at the same time seek a declaration of the will as illegal.
1. The gift deed cannot be cancelled if it is unconditional.
2. Consult a lawyer with a copy of the gift deed and will.
Yes you can sell it, it is your property now and you can do anything you deem fit.
A gift deed cannot be conditional. Therefore this clause is a nullity and hence, you are free to sell your share.
Basically a gift deed with conditions is not valid in law.
Donor cannot cancel the registered gift deed unilaterally .
You can very well go with the selling of the property provided the purchaser is convinced.
It is a gift deed, donor has gifted to three brothers with same clause (common gift deed)
I am paying property tax on this and showing rental income also
Since you have acted on the registered deed, it becomes his duty to prove that under which clause that this reported allegations are invoked against innocent donees.