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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;

v Which property can be disposed by Gift:-Under Hindu law, the following property can be disposed of by Gift:-
1)      A Hindu entitled to dispose of his separate or self-acquired property by gift.

Provided that if the members of the family who are legally entitled to get maintenance from that person, claim against that gift, then the Hindu cannot dispose his property by gift.
2)      Under Dayabhaga School, a coparcener can gift away his coparcenary interest, subject to the claims for maintenance of those members who are entitled to be maintained by him.

Under Mitakshara School, A coparcener cannot do so except when he is the sole surviving coparcener.

3)      Under Dayabhaga law, a father can dispose of even the whole of the property by gift, subject to the claims of those who are entitled to be maintained by him.

4)      According to section 14 of the Hindu Succession Act, 1956, A female Hindu can dispose of all her property by gift.  

But in ancient Hindu law, she was entitles to dispose of only her stridhana property by gift.

5)      A widow can dispose of a part of her widow’s estate by gift to her daughter or son-in-law on the occasion of the daughter’s marriage. But it cannot be done by a will.

v Revocation of Gift:
Under Hindu law, once a gift is complete, it is binding on the donor, and it cannot be revoked by him, unless it has been obtained by fraud or under influence. (Ganga Bakash vs. Jagat Bahadar)

     The courts have also observed that where a gift is made by a Hindu widow, the burden lies upon the done to show that the widow made the gift with a full understanding.

     In Deo kura vs. Man kura (1894), a gift was set aside in a suit brought eight years after the date of the gift on the ground that the document of the gift was not explained to the donor.