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Hindu Law defines gift as “the creation of another
person’s proprietary right after the extinction of one’s own proprietary right
in the subject matter of the gift.” Gift
under Shastric Hindu law need not be writing, but a gift under that law is not
valid unless it is accompanied by delivery of possession of the subjects of the
gift from donor to the donee. Mere registration of a deed of a gift is not
equivalent to delivery of possession; it is not therefore sufficient to pass
the title of the property from the donor to the done.
v Definition
of Gift:
According
to the Mitakshara, “A gift consists in the relinquishment without consideration
of one’s own right of property, and
the creation of the right of another. The creation of another man’s right is
completed or that other’s acceptance of the gift, but not otherwise.”
According to Hindu law, an acceptance of a gift can be
made in three ways:-
i.
Mental acceptance;
ii.
Verbal acceptance;
iii.
Corporeal acceptance;
