LAW BOOK

HT Estates - - HTESTATES - Su­nil Tyagi

We own a flat reg­is­tered in my wife’s name. We have no an­ces­tral prop­erty. We have two sons and a daugh­ter, all ma­jors. We have given fi­nan­cial sup­port to our sons to buy their own apart­ment. We want to trans­fer the flat to our daugh­ter later. Is it legally per­mis­si­ble?

– Som Sharma As the flat is a self-ac­c­quired prop­erty, your wife is free to trans­fer it to any­one. You do not need ap­proval from your sons for such a trans­fer. If she wishes that it will be owned by her daugh­ter af­ter her demise, she can ex­e­cute a will in her favour. I had ex­e­cuted a gift deed for a prop­erty in 2001. It was a con­di­tional gift and the con­di­tion at­tached to the gift has been vi­o­lated lately. I can prove the vi­o­la­tion of the con­di­tion in court. Can I re­voke the gift?

– Tarun Verma A con­di­tional gift can be re­voked if there is an ex­press men­tion in the gift deed of the power of re­vo­ca­tion of the donor, which in this case is you. In case a valid con­di­tion in the gift deed is not ful­filled by the donee and you have been specif­i­cally pro­vided with the power of re­vo­ca­tion for such an event then you can re­voke the gift. I plan to buy a res­i­den­tial prop­erty in south Delhi. The seller claims that the prop­erty is free of mort­gage charge. How can I ver­ify this claim?

– Ma­hesh Jin­dal To rule out ex­ist­ing mort­gage on a prop­erty, you must ver­ify the orig­i­nal ti­tle doc­u­ments of that prop­erty. If the orig­i­nal ti­tle doc­u­ments are in cus­tody and pos­ses­sion of the seller, this will rule out any ex­ist­ing eq­ui­table mort­gage on such prop­erty. For check­ing other kinds of mort­gage, you can in­spect the records at the of­fice of the con­cerned sub-reg­is­trar.

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