News India Live, Digital Desk: Going to donate property? Know there are many important legal provisions related to transfer and donation of legal rules related to property transfer and donation, but most people remain unaware of them. Especially when the father wants to transfer or donate his property to the son, does the father have to get permission from the son? Come, let us understand in detail in this news the legal rules of donating property.
Property donation rules
- Personal ownership is necessary:
The person donating property should be his personal owner. Only the acquired property can be donated.
- Consent on shared property required:
The partnership or joint property cannot be donated or transferred without the consent of another person.
- Disputed or mortgaged property:
Property imposed by disputed or court cannot be donated. The mortgage kept property cannot be donated.
- Mental health is necessary:
It is important for the person donating property to be mentally healthy. The court can stop donating a mentally unstable person’s property.
Rules on inherited property
- Permission from a legal heir or successor is necessary to donate the inherited property.
- When the inherited property is divided, each part is considered a personal property, which can be donated.
- The inherited property cannot be donated before selling.
Rules of assets gifted
- If the purpose of gift is not fulfilled, the given property can be withdrawn.
- According to Section 126 of the Property Transfer Act, the objective in gift deed should be clear.
- If the objective is not fulfilled (such as a property given aimed at building an orphanage), the donor can go to court and withdraw the property.
Boundary of property
- You can donate share of property any number of times, but it is necessary to give it a separate identity (including electricity-water connection).
Right to use after property transfer
- Even after transferring property, you can keep the right to use it with you.
- If you have the right to use, you may have to pay the rent of that property.
- The terms of the use of donated property and the right to use must be clear in gift deeds.
By understanding these rules, you can avoid legal problems in matters of property donation and transfer.
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