Deed Of Conditional Gift - Legal Draft

Deed of Conditional Gift

THIS DEED OF GIFT is made at ... this ... day of ... between . . . . . .

residing at .. . . . . . hereinafter referred to as `The Donor' of the One

Part and (1) . . . . . . . . and (2) . . . . . . . . residing at

...........................................................................

................. respectively hereinafter referred to as `the Donees' of

the Other Part; .

WHEREAS -

1. The Donor is the full owner of an immoveable property consisting of

land and a building thereon situate at ......................... and more

particularly described in the Schedule hereunder written.

1. One of the said Donees .................. is the wife of the

Donor and the other Donee is the nephew of the Donor, and the Donor has no

issue.

1. The Donor in consideration of natural love and affection that

he bears to the Donees, desires to make a gift of the said property

to them in the manner following.

1. The market value of the said property is estimated to be

Rs........... NOW THIS DEED WITNESSETH that in consideration

aforesaid, the Donor doth hereby grant and transfer by way of

gift the said land and premises situated at ... and more

particularly described in the Schedule hereunder written together

with all and singular the things permanently attached thereto or

standing thereon, and all the rights, liberties, privileges,

easements and advantages, appurtenant thereto And all the estate,

right, title and interest, use, possession, benefit, claim and

demand whatsoever of the Donor TO HAVE AND TO HOLD the same unto and to

the use of Donees as tenants-in-common in equal shares subject to the

payment of all taxes, rates, assessment, due and duties now and hereafter

chargeable thereon and payable to the Govt. or any local authority.

And subject to the condition that if . . . . . . .. . wife

of the Donor dies without any children then the whole of the said

property shall belong to the other Donee being . . . . . . . . and his

heirs, executors and administrators absolutely And subject to the

condition that the said property cannot be sold and mortgaged so long

as the first Donee. . .

. . . . . . . .. is alive.

AND the Donor doth hereby covenants with the Donees

(a) That the Donor now has in himself, good right, full power and

absolute authority to grant the said piece of land and other the

premises hereby granted as gift in the manner aforesaid.

(b) The Donees may at all times hereafter peaceably and quietly

enter upon have occupy, possess and enjoy the said piece of land and

premises and receive the rents, issues and profits and rents thereof and

every part thereof to and for their own use and benefit without any suit,

lawful eviction, interruption, claim or demand whatsoever from or

by the Donor or his heirs, executors, administrators and assigns

or any person or persons lawfully claiming or to claim by from

under or in trust for the Donor.

(c) That the said land and premises are free and clear and freely

and clearly and absolutely and forever released and discharged or

otherwise by the Donor and well and sufficiently saved, kept

harmless and indemnified of and from and against all former and

other estate, titles, charges and encumbrances whatsoever, had

made, executed, occasioned or suffered by

the Donor or by any other person or persons lawfully claiming or to

claim by from under or in trust for the Donor.

(d) AND FURTHER that the Donor and all persons having or lawfully

claiming any estate or interest whatsoever to the said land and premises

or any part thereof from, under or in trust for the Donor or his

heirs, executors, administrators or any of them shall and will

from time to time and at all times hereafter at the request and

cost of the Donees do and execute or cause to be done and executed

all such further and other acts, deeds, things, conveyances and

assurances in law whatsoever for better and more perfectly

assuring the said land and premises and every part thereof unto and to

the use of the Donees in the manner aforesaid as by the Donees their

heirs, executors, administrators and assigns or counsel in law

shall be reasonably required.

IN WITNESS WHEREOF the Donor and the Donees (by way of acceptance of

the said gift)

have put their respective hands the day and year first hereinabove

written. THE SCHEDULE ABOVE REFERRED TO

(Signed and delivered by the ) within named Donor . . . . . . . . . in

the presence of ...

1

2

Signed by within named Donees 1) . . . . . . . . . and 2) . . . . . . . .

. )

in the presence of ...

1. ...............
2. ...............