A criitical analysis of Gifts under the transfer of property act.

Gifts, kinds of gifts, onerous gifts, universal donee, parties to gifts, case laws, illustrations, when can a gift be revoked

1. GIFT

2. Definition Section 122 of TPA defines gift as, “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 life time of the donor and while he is still capable of giving. If the donee dies before acceptance, the gift is void.

3. Key ingredients of valid gift It shall be inter vivos (between living people) of existing movable or immovable property, Shall be made voluntarily, Without consideration, By the donor to the donee In case of immovable property it shall be registered, in case of movable property the possession shall be delivered,

4. Acceptance when to be made A transfer of gift is completed only when it is accepted by the donee. This acceptance shall be made: During the life time of donor, While donor is still capable of giving, Gift is void if the donor dies before acceptance thereof by the donee.

5. Void Gifts

6. Onerous gifts Onerous gifts refers to the gifts which are a liability than assets. The term onerous means burdened. Thus a property on which the liabilities exceed the benefits of such property is called as onerous gifts. It is in the hands of the donee to reject such types of gifts.

7. Concept of universal donee

8. Exceptions to this chapter

9. Case laws- Renikuntla Rajamma v. K. Sarwanamma  that the mere fact that the donor retained the right to use the property during her lifetime did not affect the transfer of ownership of the property from herself to the donee as the gift was registered and accepted by the donee .    Gomtibai v. Mattulal , it was held by the Supreme Court that in the absence of written instrument executed by the donor, attestation by two witnesses, registration of the instrument and acceptance thereof by the donee , the gift of immovable property is incomplete.

10. Illustrations- “A” transfer two gift shares X and Y to “B” in a single transfer. X is the share of prosperous company and Y is share of sinking company. B refuses to accept gift Y. So B cannot take X gift also. a) A gives a field to B, reserving to himself, with B’s assent, the right to take back the field in case B and his descendants die before A. B dies without descendants in A’s lifetime. A may take back the field. (b) A gives a lakh of rupees to B, reserving to himself, with B’s assent, the right to take back at pleasure Rs. 10,000 out of the lakh. The gift holds goods as to Rs. 90,000, but is void as to Rs. 10,000, which continue to belong to

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