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CONCEPT OF GIFT UNDER HINDU LAW
by Lawjure  January 16, 2022  No Comments

Abstract

A Very Short Introduction provides insight into what hindu law is, but why it is the

way it is. How have laws had to respond to social changes when it comes to the

distribution of gift? Since ancient times we have seen rising problems related to the

gift distribution among hindu law. How do families deal with the chaos of distribution

of gifts? Family law has recently been challenged to keep up-to-date with the social

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and scientific changes which affect it. What is a gift? What leads to distribution of

gift? What rights should they have? What are the essentials of Gift? What are the

ways of accepting Gifts? What are the new dilemmas which will be faced by families?

Keywords: Hindu law, Gift, Revocation of Gift.

Introduction:

Hindu Law defines gift as “the creation of another person’s proprietary right after the

extinction of one’s own proprietary right within the material of the gift.” Gift under

Shastric Hindu law needn’t be writing, but a present there under law isn’t valid unless

it’s amid delivery of possession of the themes of the gift from donor to the donee.

Mere registration of a deed of a present isn’t like delivery of possession; it’s not

therefore sufficient to pass the title of the property from the donor to the donne.

Definition of Gift:

According to the Mitakshara, “A gift consists within the relinquishment inconsiderately

of one’s title of property, and therefore the creation of the proper of another. The

creation of another man’s right is completed or that other’s acceptance of the gift, but

not otherwise.

Perquisites of Gift under Hindu law:

1. Donor

The one that makes a present within the property is mentioned as donor. He should

be of sound mind and major. He should possess die right to form the gift i.e., he must

have absolute ownership over the topic matter of gift.

2. Donee

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The one that receives the gift is mentioned as donee. The gift is completed by the

acceptance of the donee. He must be alive . He can even be an incapacitated person,

however therein case somebody else should accept the gift on his behalf.

3. Subject Matter of the Gift

Following properties are often validly and legally gifted to a person—

Separate or self-acquired property, whether governed by Mitakshara or

Dayabhaga.
Stridhan.
Impartible estate if not prohibited by custom.
Coparcenary interest under Dayabhaga.
Whole of the ancestral property by the daddy in Dayabhaga.
Any a part of the property received by a Hindu widow in inheritance, which
may tend by her to her daughter or son-in-law at the time of marriage.
Movable properties inherited by a widow under Mayukhavidhi.

4. Acceptence:

There is difference of opinion between Dayabhaga and Mitakshara with reference to

the need of acceptance for a present . Under Mitakshara law the acceptance is must

for the completions of a present whereas it’s not so under Dayabhaga.

5. Formalities

Possession of the property was treated necessary to be transferred to the donee.

With reference to movable properties, the transfer of possession to the donee was

sufficient. Except for immovable property, Vijnaneshwara has addressed some special

formalities for a legitimate gift. He has emphasised the necessity of consent of

villagers, relatives, neighbours and heirs and gold and water for the gift of property

(land). During this way the consent of the persons of those categories was necessary

from several angles. If a person of the above category raised any objection to the gift

he could catch on decided during a court of law in his favour.

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Modes of Acceptance of Gift under Hindu Law:

1. Mental Acceptance

2. Verbal Acceptance

3. Corporeal Acceptance

Under Hindu law, the following property can be disposed of

by Gift:-

1. A Hindu entitled to eliminate his separate or self-acquired property by gift. As long

as if the members of the family who are legally entitled to urge 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 these members who are entitled to be

maintained by him. Under Mitakshara School, A coparcener cannot do so except

when he’s the only surviving coparcener.

3. Under Dayabhaga law, a father can eliminate even the entire of the property by

gift, subject to the claims of these who are entitled to be maintained by him.

4. Consistent with Section 14 of the Hindu Succession Act, 1956[1]. A female Hindu

can eliminate all her property by gift. But in ancient Hindu law, she was entitles to

eliminate only her stridhana property by gift.

5. A widow can eliminate a neighbourhood of her widow’s estate by gift to her

daughter or son-in-law on the occasion of the daughter’s marriage. But it can’t be

done by a will.

Revocation of Gift:

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Under Hindu law, once a present is complete, it’s binding on the donor, and it can’t be

revoked by him, unless it’s been obtained by fraud or under influence. Ganga Bakash

vs. Jagat Bahadur[2]. The courts have also observed that where a present is formed

by a Hindu widow, the burden lies upon the donee to point out that the widow made

the gift with a full understanding. In Deo kura vs. Man kura[3] , a present was put

aside during a suit brought eight years after the date of the gift on the bottom that

the document of the gift wasn’t explained to the donor.

References:

1.Raman Devgan, No Petition for divorce to be presented within one year of

marriage, Devgan https://devgan.in/hma/section/14/ (Visited on Apr 20, 08:03 PM)

2. Ganga Baksh V. Jagat Bahadur (1914) 16 BOMLR 306 (India)

3. Deo Kura V. man Kura (1894) (India)

About the Author:-

This Article has been written by Aryan Sinha, 4th Year law (BBA+LLB(H)

student at Galgotias University, Greater Noida.

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