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Home / Legal / Documentation / I have received my property as Gift Deed from my father with a condition that it shall be transferred to my children and I shall not encumber or alienate the property but shall be entitled for life estate. Now I have one daughter and one son. I would like to write a Will so that my daughter gets this property and not my son since I've already given him one other property. Is the condition in Gift Deed, a hindrance, for me to write a Will ? Please help to clarify.
Q.

I have received my property as Gift Deed from my father with a condition that it shall be transferred to my children and I shall not encumber or alienate the property but shall be entitled for life estate. Now I have one daughter and one son. I would like to write a Will so that my daughter gets this property and not my son since I've already given him one other property. Is the condition in Gift Deed, a hindrance, for me to write a Will ? Please help to clarify.

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1 Answers

0 2022-05-08T11:08:19+00:00
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My father, who is the eldest son of my grandfather, was presented a house as a gift deed and so, no one one other than him can claim it. As far as I know, the terms stated on a gift deed can never be changed. If the gift deed has not yet been registered following the due process of law then you can try. If the process has been completed , nothing can be done and you are bound to share the property with both your daughter and son. 

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Indrani

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