Gift (section 122 - 129)
Written by - Shalini Bishi
Meaning
According to section 122- A gift is transfer of property without consideration. the property may
be movable or immovable property.
the person who give gift- Donor
who received give - Donee
Which property can be given a gift Property
1- movable
2- immovable
Who are the parties of a gift
1- donor
2- donee
Donor
Person who make gift is known as a donor.
Donor must be major .
Sound mind.
Capacity to make a gift.
Gift by major or insane person is void .
Donee
Donee can be any person .
Minor, child, insane still be can also receive gift.
But a donee must be a person because gift to public is void.
Donee can be two or more person.
Element of gift
1- ownership trasfer
the donor transfer the ownership of the property to donee. If the donee not the owner of the property then he can not make
2- Existing property
The property which made as a gift must exist at the time of making the gift.
3- No consideration
The donee did not give any consideration in exchange of gift.
4- free consent of donor
Their must be free consent of donor while making the gift.
5- Acceptance of gift
The donee must accept the gift. acceptance maybe either implied or express.
What is implied consent
if depend om act of the donee, such as he took of the of the property .
If the donee is incompetent to contract.
Example- minor , insance the gift must be accepted on half by competent person. In such case the minor attaining majority may reject the gift.
What are the modes of gift
Section 123
Deals with different formalities to make a valid gift.
Immovable property
If the property is immovable property registration of the transfer is recessary. gift dead should be Registered along with 2 competent witness.
Gomatibai vs mattalal
Sc held that if there is no gift dead registered then the gift will be incomplete.
Movable property
In case of movable property a gift may be completed by delivery if prosession.registration is optional.
Gift made to more then one donee section 125
If a gift is made to more than one donee and if one of the donee reject the gift then only that part become void and that property return to the donor.
Example- A gives a gift to B, C, D and D reject the gift then such property return to A.
Can we make gift to future property (section 124)
Gift of future property is void. Promise made to give a future property as gift enforceable by the law.
Onerous gift
Section 127
Where the liability of gift is more than benefit of such property it is known as onerous gift.
the donee has the right reject such gift .
If the gift consist one good part their is profit and another loss part then the donee accept whole gift or reject whole gift he can not accept the good part and reject the liability part.
this rule is based on the principle "Qui sertit commondum sentire deb et onus"
The one who accept the benefit of transaction must also accept the burden of it.
Universal donee
Section 128
if the gift consist donor whole property then the donee liable to pay the debts .
Exception of gift
Section 129
1- Donation
2- Hiba(muslim)
Revocation of gift
Section 126
When the donor and donee mutually agree that the gift shall be revoked.
the following condition must be followed
1-such conditions must be expressly and down .
2- such conditions relating to same transaction.
3-such conditions mention in gift dead or separate document.
4- such conditions must be mutually agreed by the donor and donee.
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