- “Gift” refers to the transfer of certain existing movable or immovable property made voluntarily and without consideration by one person called the ‘donor’ to another person called the ‘donee,’ and accepted by or on behalf of the donee.
- The gift must be accepted during the lifetime of the donor, and the donor should be capable of giving. If the donee dies before acceptance, the gift becomes void.
Essentials of a Valid Gift Deed:
- Transfer of ownership.
- Certain subject matter, whether existing movable or immovable property.
- Voluntary transfer without consideration.
- Acceptance by or on behalf of the donee during the lifetime of the donor and while the donor is capable of giving.
Parties Involved:
- Donor: Must be competent to transfer.
- Donee: Can be any person, including an incompetent person or a juridical person.
Registration of Gift Deed (Section 123):
- A gift of immovable property must be made by a registered instrument signed by or on behalf of the donor and attested by at least two witnesses.
- While registration is necessary for enforcement, the absence of registration does not invalidate the gift if it has been accepted.
Case Law (Kalyan Sundram vs. Kumarappa):
- Once a gift is accepted by the donee, the donor cannot revoke it, even before registration.
Revocation of Gift Deed:
- A gift can be revoked if it is brought about by fraud, misrepresentation, or undue influence.
- A revocable gift, dependent solely on the donor’s will or pleasure, is void.
Illustrations:
- Conditions attached to gifts must be legal and moral.
- Gifts comprising both existing and future property are void as to the latter.
Onerous Gift:
- If a gift includes both beneficial and burdensome elements, the donee must accept the entire gift to be entitled to any part of it.
Applicability to Mohammedan Gifts:
- Rules of the Transfer of Property Act do not apply to gifts by Mohammedans; validity is judged according to Muslim law.
