Expert Advice Needed on Property Gift with Condition Namaste! I’m a Christian woman and recently received a gift of property from my father, registered in my name. The property was originally purchased in the early 1980s. My father has imposed a condition that it can only be sold within the family (siblings or their children). I have a few questions:1. Do I have full ownership of the property despite the condition?2. Can I sell the property to someone outside the family while my father is alive?3. If I gift the property to my husband, can he sell it to someone outside the family? 4. Is there any way for me to sell the property to an outsider in case of an urgent need? Any guidance from legal experts would be greatly appreciated. Thank you in advance!

Apni Law
Apni Law
Law Forum › Category: Property › Expert Advice Needed on Property Gift with Condition Namaste! I’m a Christian woman and recently received a gift of property from my father, registered in my name. The property was originally purchased in the early 1980s. My father has imposed a condition that it can only be sold within the family (siblings or their children). I have a few questions:1. Do I have full ownership of the property despite the condition?2. Can I sell the property to someone outside the family while my father is alive?3. If I gift the property to my husband, can he sell it to someone outside the family? 4. Is there any way for me to sell the property to an outsider in case of an urgent need? Any guidance from legal experts would be greatly appreciated. Thank you in advance!
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Apni Law Staff asked 1 year ago

Expert Advice Needed on Property Gift with Condition Namaste! I’m a Christian woman and recently received a gift of property from my father, registered in my name. The property was originally purchased in the early 1980s. My father has imposed a condition that it can only be sold within the family (siblings or their children). I have a few questions:1. Do I have full ownership of the property despite the condition?2. Can I sell the property to someone outside the family while my father is alive?3. If I gift the property to my husband, can he sell it to someone outside the family? 4. Is there any way for me to sell the property to an outsider in case of an urgent need? Any guidance from legal experts would be greatly appreciated. Thank you in advance!

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Best Answer

Apni Law Staff answered 1 year ago

Indian law allows for conditional gifts, but the validity of such conditions depends on their nature. As per the Transfer of Property Act, 1882, conditions restraining alienation are generally void. However, the condition in this case may be valid as it restricts sale only within the family.

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