Legal Question in Real Estate Law in India

My father transferred a plot on my name as gift deed in 2000. I constructed a house on the plot by taking bank loan. Now he wants to give share in the property to my sisters. Is it legally possible. How can i protect my rights.


Asked on 6/29/14, 10:14 am

1 Answer from Attorneys

You have go through the document of gift deed. If it is non conditional and absolute it cannot be revoked. A gift is a voluntary transfer of property or of a property interest from one individual to another, made gratuitously to the recipient.

A conditional gift is a gift which will take place only if a particular event specified as a condition for the taking into event of the gift occurs within the time specified by the donor. However, in such case, the restrictions or conditions imposed on a gift must not be inconsistent with the vesting of title in order for a completed gift to occur.

Generally, where a gift is conditioned upon the performance of some act by the donee and that condition is not fulfilled, the donor may recover the gift. However, the mere fact that the donee fails to do what the donor hopes and expects of the donee does not warrant the revocation of a completed gift.

The question of whether a gift is conditional or absolute is a question of the donor�s intent. This intent is to be determined from any express declaration by the donor at the time of the making of the gift or from the circumstances.

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Answered on 6/29/14, 7:13 pm


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