Gift
Gift
Gift
UNIT V
INTRODUCTION
Gift is the gratuitous transfer of ownership in some existing property made voluntarily
by one person to another, where the sender willingly transfers his/her property to the
receiver without any compensation i.e., without considering any monetary value .
The transferor is called donor and the transferee is called done
For example – a sum of Rs 5100/- given at the wedding anniversary given by Suman to
The gifts in India are governed by chapter VII (section 122 to 129) of Transfer Of
5. Donor must be competent to contract, and he must have title to the property or authority to transfer
the property, if it
6. The acceptance of gift should take place during the lifetime of the donor.
According to section 122 of the act , Gift is the transfer of certain existing
movable or immovable property made voluntarily and without consideration, by one
person, called the donor, to another, called the donee, and accepted by or on behalf
of the donee.
Acceptance when to be made- Such acceptance must be made during the lifetime
of the donor and while he is still capable of giving.
If the donee dies before acceptance, the gift is void.
ESSENTIALS
1. There must be transfer of ownership – The property must be transferred
absolutely to the donee. Though certain restrictions can be imposed but they
must not be forbidden by law
2. Universal Donee - A Universal Donee is one to whom all the properties of donor have been
given and is liable for all the debts and liabilities of the donor at the time of the gift.The object of
this concept is to protect the interest of the creditors of donors.
3. Donatio Mortis Causa - When a gift is made by a donor, when he was in critical
condition, likely to cause his death, it is called ‘Donatio Mortis Causa’. It means donation
made out of death, and heace it is called ‘Death Bed Gift’
4. . Onerous gift
Single transfer
Separate transfers
Unless these condition are satisfied, the legal title does not pass on to done and
gift is unenforceable.
According to section 123, Transfer of immovable property through gift will be
instrument which is signed by or on behalf of the donor and attested by at least two
of the witnesses or merely delivery of possession is sufficient. And such delivery
will take place in the same way as the goods sold may be delivered.
Essentials Of Transfer of immovable property through gift
document only
A Gift of piece of land valuing less than rupees 100 must also be
registered
It must be executed by or on behalf of the donor, and it should
Where the gift is made comprising two properties , one existing and
According to section 125 , ‘A gift of a thing to two or more donees, of whom one
does not accept it, is void as to the interest which he would have taken had he
accepted.’
Gifts may be made to two or more persons jointly
The acceptance by all the donees is necessary for the validity of gift
If one donee does not accept the gift ,the gift on his part shall become void and it
cannot ne transferred to other donee . However, the gift made to two persons
jointly with right to survivorship is valid
CONCLUSION
The conception of the term gift and subject matter of gift has been an age old
and traditional issue which has developed into a distinct facet in property law.
The Transfer of Property Act, 1882 lays down all the rules, regulations and
procedures relating to gift and how its transfer is made. The most important
essential of the gift is its acceptance i.e. an acceptance of gift must be made
during the lifetime of the donor and while he is capable of giving. According to s.
122 if the donee dies before the acceptance of gift the gift is void. A deed of
gift once executed and registered cannot be revoked, unless the mandatory
requirement of Section 126 of Transfer of Property Act, 1882 is fulfilled
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