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Land gifted to a person before vesting in the donor

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014


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Question: Land gifted to a person before vesting in the donor. Lalithamma can enjoy land, after her life it will go to her son as per will by her father in 1971. Her son executed a gift settlement deed in 2003 again for the same land to Lalithamma when she is alive as she can enjoy till her lifetime, after that it will go to him and his sister. Is it valid? Now lalithamma and chandrasekhar are not there. 

Asked from: Andhra Pradesh 

This gift is void because the donor had no right in the gifted property at the time of making a gift. Lalithamma has a limited right in the property and she has to enjoy the fruits of land till her lifetime. In the lifetime of Lalithamma the donor has a chance to get that property. This is spes successionis means speculation that the donor may get the property in succession. 

When there is only speculation about the ownership the donor cannot transfer that land to anyone either gift or sale. Alienation or transfer of property is barred until Lalithamma dies. You should file a civil suit for the cancellation of the gift deed. This instrument is void and property cannot be transferred to Lalithamma who already has a limited interest in that property. A person (donor) can gift a property who, at the time of making a gift, has right to transfer that property.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

Consult on Criminal, Civil, Writ, Matrimonial, Service matters, Property, Revenue, SARFAESI related cases

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