Gift means transfer of a thing from one person to another out of love and affection without any consideration. Section 122 to section 129 of Transfer of Property Act deals with gift. Gift can be anything thing movable or immovable. To constitute gift there must be a transaction from one person to another. The person who transfers the gift is known as donor and the other person reserving the gift is known as donee and gift can also be accepted on behalf of donee. The donor can be a minor due to incompetency and transfer made by the minor donor is void but a minor can be donee. The primary ingredients is it must be made voluntarily out of love and affection.
Gift can be either movable or immovable property. In case of movable property ,a physical delivery of the property is required . In Maqbool Alam v. Khodaija , (A.I.R. 1966 S.C. 1194) Supreme Court held that physical delivery of movable property is not necessary in all case. If the donor have put it with in the power of donee to obtain possession is also enough. Whereas in case of immovable property, delivery of property can not constitute a valid gift. The delivery of immovable property must be registered in document which means no oral gift can be made and mear delivery without registered deed of transfer can not confer any title to the donee.
The transfer of property by the donor must be made voluntarily . When a gift is affected by undue influence by the donee, in such situations the transfer of property is not void but only voidable. If the donor proves the transfer was not made voluntarily and there was under influence on the part of donee showing donee’s dominant position to obtain unfair advantages then that gift is void. The court look up on the circumstances of cases whether there is more than a mere influence to constitute undue influence.
Once the donor gift a property to donor it must be accepted by donee and that must be made during the life time of the donor and he must be still be capable of giving the gift . If the donor dies before acceptance, in that case the gift is void. The gift that is made to the minor is valid and nothing prevent a minor from accepting gift . There is a type of gift called onerous gift , where a gift is transferred to a single person of different things and there is an obligation incidental on the gift the donee must accept the gift wholly , which means if he accept the benefit of transaction he must also accept the burden. The obligation arising from onerous gift can not be enforced against minor during his minority but when he attains majority he can either accept the burden or return the gift.
The gift can be revoked or suspected which is dealt under section 126 of The Transfer of Property Act. The donor and donee can revoke the gift by agreeing. But mear revolution of donor Alone cannot constitute a valid revocation.
Aishwarya Says:
I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.
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In the year 2021, we wrote about 1000 Inspirational Women In India, in the year 2022, we would be featuring 5000 Start Up Stories.