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Thursday, October 10, 2013

Gift in Hindu Law, definition, which property can be disposed and revocation of gift.


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 ones 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;