Deed of Conditional
Gift
This Deed Of Gift is
made at ... this ... day of ... between Mr. A residing at ... hereinafter
referred to as 'The Donor' of the One Part and (1) Mr. B and (2) Mr. C residing
at ... and at... respectively hereinafter referred to as 'the Donees' of the Other
Part.,
Whereas the Donor is
the full owner of an immovable property consisting of land and a building
thereon situate at ... and more particularly described in the Schedule
hereunder written.
And Where as one of
the said Donees the said ... is the wife of the Donor and the other Donee is
the nephew of the Donor, and the Donor has no Issue.
And Whereas 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-
And Where as 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, casements 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 the said Mrs.... wife of the Donor dies without any
children then the whole of the said property shall belong to the other Donee being
the said Mr.... 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 the said Mrs ... 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
withinnamed Donor A
In the presence of ...
Signed by withinnamed
Donees 1) Mr. B and
2) Mr. C in the presence of ...
1................
2................ .