- As per Section 122 of the Transfer of Property Act, Gift is the transfer of certain existing movable or immovable property made voluntarily and without consideration, by one person called the donor, to another person called the donee, and accepted by or on behalf of the donee.

- Hence, for a Gift deed, Acceptance is mandatory by the donee , and such acceptance must be made during the lifetime of the donor , and if the donee dies before acceptance, the gift becomes invalid. 

- Further, after the acceptance by the donee , gift deed cannot be cancelled unless it is a conditional gift.

- Further, Gifts that involve immovable property should be registered under the Transfer of Property Act, 

- It means without registration of Gift deed , the title does not pass on to the donee, 

- And further, a Conditional gift is one that is subject to or dependent on a condition.

- Further, a Conditional gift can be revoked if the recipient does not fulfil the conditions attached to the gift.

- Further, a gift is a conditional gift and it is not final until some future event occurs and if the particular event does not occur, the person making the gift has the right to get back the gift.

- Since , your father has already expired , then legally it cannot be revoked in his absence, 

- Further, your mother is not the owner of the property , and you can sell the same with the consent of your mother.

You can sell the property with your mother consent 

2) mother only has life interest in property 

3) you can execute specific POA in favour of mother to sell the property 

You have to execute specific POA in favour of mother to sell the property 

2) POA should be duly registered 

- Yes, you can execute a POA/SPA in favour of any relative to sell the said property , and to execute sale deed on your behalf. 

As mother is given right to live in the property, when she herself sells the property she is renouncing her right validly. But it has to sold with your consent. Procedure  is, draft a special power of attorney on Indian stamp paper of 100 rupees which  is available in all countries giving SPA to mother to sell the property.  Go to Indian consulate/high commissioner and get SPA attested which  the consulate official will readily do. Send the SPA to mother she will take the SPA to the District Registrar who will validate it by putting his seal and signature. Fee for validation of SPA is 1 % if it is given to blood relation if given to other person it is 2% of government valuation of the property. With the validated SPA property can be sold by mother acting for herself and for you. when she herself is selling no affidavit is required.

Dear Ma'am, 

Yes, you can sell the property with your mother's consent and you can give her or any of your relatives a POA to sell the property. The POA needs to be duly registered in her favor and the property can be sold by her thereafter.

The condition is that your father and mother have lifetime interest in the property. 

Your mother cannot become the owner of the property upon your father's death. 

You are the ultimate beneficiary hence your mother cannot sell the property. 

She has rights to enjoy the property till her lifetime. 

If your mother relinquishes her rights then you can sell the property. 

Your mother can execute a registered sale deed in favor of the prospective buyer on your  behalf on the basis of a GPA  executed by you in her favor. 

The gift is to you with a condition that your mother can live in the flat till her lifetime

By the gift it is you who became the owner 

As your mother has no objection against you selling the flat, there wont be any issue 

She can give an affidavit in that behalf which can be attached to the sale deed which you will sign with the intended buyer 

The sale formalities can be completed by your mother on your behalf by a giving a POA to her 

1. You had acquired the said property based on the conditional gift deed.

2. If you and your mother are the only6 legal heirs of your father, then you can sell the same with her consent.

1. You can execute a GPA in her favour for selling your said property but such GPA shall have to be registered.

2. If you can come to India for registering the said GPA, you can register t5he sale deed as well.

3. If you register the sale deed yourself, you should make your mother signing as the consenting party of the said sale deed.

Even though the the conditional gift settlement deed states that your father and mother can enjoy the property till their lifetime,  you are the ultimate beneficiary in this property hence khata can be transferred to your name alone on the basis of the registered gift settlement deed. 

However your mother can relinquish her rights in the property conferred through the gift deed,  during her lifetime by a registered deed,  subsequent to which you can get the khata transferred to your name. 

After that you can sell the property as per your desire. 

You are owner of property 

mother has only life interest in the property 

you can get Khata transferred in your name 

approach local authorities in this regard for Khata transfer enclose. Copy of gift deed , latest receipt of payment of property taxes etc 

Dear sir/ma'am,

Firstly, know that your mother's rights in the said property exist till her lifetime. But the transfer of title of property has already taken place and you are the rightful owner of such property.  

Secondly, to make the khata transfer, you will have to visit local authorities and with the help of gift deed and other necessary documents as asked, you can easily make khata transfer in your name. Thank you.

Mother has only life interest in property 

she can enjoy property during her lifetime but she cannot sell the property 

you can sell the property with her consent 

1. The said gift deed is conditional.

2. You are certainly the title holder of the said property on condition that your mother will have the living right  in the said property.

1. Ownership of a property is determined based on the Title of the deed of Conveyance of the said property registered with the  concerned registrar.

2. If the said Gift Deed has been registered  before the Registrar, then you are the Title Holder as well as its owner on condition that your mother has the right to live in the said property  through out her life.

By execution of registered gift deed the donor relinquishes his rights in the property however since it is a conditional gift deed he retains the benefits derived from the property till his lifetime,  similarly the subsequent condition entitling your mother to have life interest in the property would bar you from alienating the property in any manner during her lifetime eventhough you become the owner of the property from the date of execution of registered gift deed in your favor. 

If your mother is ready and willing to relinquish her life interest in the property you may proceed with the sale of property. 

Dear Sir/Ma'am,

It is added to your kind knowledge that by the execution of registered gift deed the donor relinquishes his rights in the property however since it is a conditional gift deed he retains the benefits derived from the property till his lifetime,  similarly the subsequent condition entitling your mother to have life interest in the property would bar you from alienating the property in any manner during her lifetime even though you become the owner of the property from the date of execution of registered gift deed in your favor. If your mother is ready and willing to relinquish her life interest in the property you may proceed with the sale of property.

Ownership of a property is determined based on the Title of the deed of Conveyance of the said property registered with the  concerned registrar.

If the said Gift Deed has been registered  before the Registrar, then you are the Title Holder as well as its owner on condition that your mother has the right to live in the said property  through out her life.