ASSIGNMENT 21: DEED OF

GIFT
NAME: FAAREHA SHAHID
ROLL NO: 20
CLASS: BA LLB(h)/ REGULAR
SUBJECT: CLINICAL II
SUBMITTED TO: ADV RAJESH SHARDA
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INTRODUCTION

A voluntary transfer of personal property without consideration. A parting by owner with

property without pecuniary consideration. A voluntary conveyance of land, or transfer of
goods, rom one person to another, made gratuitously, and not upon any consideration of
blood or money . Section 122 of the Transfer of Property Act, 1882 defines ''GIFT''.

Oral Gift of an Immoveable Property-

In view of sec. 123 of Transfer of Property Act, a gift of immovable property, which is not
registered, is bad in law and cannot pass any title to the donee. Any oral gift of immovable
property cannot be made in view of the provisions of sec. 123. Mere delivery of possession
without a written instrument cannot confer any title

What Is Onerous Gift?

'Onerous gift' is a gift made subject to certain charges imposed by the donor on the donee.

-The rule is based on equity, which speaks the person who accepts the benefit of a transaction
must also accept the burden of the same.

- It applies equally to Hindus and Mahomedans.

Who is Universal Donee?

Illustration:
A is father. B is son. A makes a gift of the whole property of his estate to B. A directs B to
pay his debts and then B is a Universal Donee. Thus, B is liable to pay all debts of donor.

-Section 128 of the Transfer of property Act speaks about '' Universal Donee.
-The foremost condition is the gift should consist of the whole property of the donor.
-In case of a gift pertaining to some portion of the property of donor, such donee is not a
Universal donee.

Deference between ‘’ Hiba’’ and ‘’Gift’’:

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HIBA (The Mohammedan law) GIFT (The English law)

i) As to a valid gift, under i) As to rights in property, under The
Mohammedan law, three essentials English law, is classified by a division
conditions are required: (i) declaration on the basis of immoveable and
of gift by the donor (ii) an acceptance moveable property. The essential
of the gift, express or implied, by or on conditions of a valid gift are (i) The
behalf of the donee, and (iii) delivery absence of consideration; (ii) the
of possession of the subject of gift. donor; (c) the donee ;(iii) the subject-
matter; (iv) the transfer; and the
acceptance

Gift to Hindu woman under Hindu Law:

1. Any gift to women under Hindu Law is subject to special rules of construction.
2. Whether such gift passes an absolute estate or limited estate depends upon the terms of the
grant.
3. That too, it depends upon the expressions used in the terms of the grant. (Shaliq Ram vs
Charanjit)
4. Under partition or in lieu of maintenance, a Hindu woman acquires an absolute estate.
5. Where the property is acquired without pre-existing right such as under a Will, gift, decree
or award, her estate depends upon the terms of the instrument.

6. A Hindu , whether belonging to the Mitakshara or Dyabhaga School, can make a gift of
his/her separate as also self acquired estate subject to the claims of those entitiled under the
Hindu Adoption and Maintenance Act.

7. No sooner does the donor relinquish his right in the property followed by delivery of
possession and acceptance by the donee than a gift is completed.
8. See sections 18 to 22 as wife, widowed daughter-in-law,minor illegitimate children, aged
parents and others.
9. A Mitakshara coparcener has no power to make any gift of his coparcenery interest except
small gifts based on affection.

10. The right of a wife or widow for maintenance attaches to her status so she can pursue the
property even in the hands of a stranger acquiring the same with notice of her claim.
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What are the important conditions of a valid gift Hindu Law ?

i) Relinquishment of one's proprietory right in the property. Yet it should be without any
consideration.

ii) Merely registering the gift deed does not afford to pass the title of the property.

iii) Creation of right of any person must be completed by acceptance.

iv) A gift is totally different from a surrender by a Hindu widow where she does not in fact or
in law purport to transfer any interest in the property surrenders.

v) In addition to that in the case of Karunamoyee vs Maya Moyi, it was observed that the
widow simply withdraws herself from the estate and the reversioner steps into the inheritance
as a matter of law.''

vi) Yet, in the case of Narbada Bai vs Mahadeo, it was held that in case of transfer of the
whole estate, the reversioner takes the same subject to the liability for her maintenance. It is
thus vividly known that the reversioner is responsible for her debts, if she relinquishes the
same.

vii) Where delivery of possession is enough to complete the transaction of a gift, is abrogated
under section 123 of the Transfer of Property Act. However, the restrictions on power to
enter into the transaction of gift under personal law exist without any change.

Revocation Of A Gift:

Section 126 of the Transfer of Property provides for conditions where a gift can be revoked.
the following are essential ingredients for revocation of gift:

i) there must be an agreement between the donor and donee that the gift shall be suspended or
revoked on the happening of a specified event;

ii) such event must be one which does not depend upon the will of the donor;

iii) the condition as to the suspend or revocation should be agreed to by the donee at the time
of accepting the gift. And,
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iv) there must exist a ground , except want or failure of consideration, on which a contract
may be rescinded.

v) the condition should not be illegal, or immoral and should not be repugnant to the estate
created under the gift.

vi) Section 126 is controlled by sec. 10. As such, a clause in the gift deed completely
prohibiting alienation is void in view of the provisions contained in sec. 10.

vii) A gift, which was not based on fraud, undue influence or misrepresentation nor was an
onerous one, cannot be cancelled unilaterally. Such a gift deed can be cancelled only by
resorting to legal remedy in a competent court of law.

Conclusion:
Despite the concept of expectation of reciprocity, a gift is known to be free. Any person who
is the legal owner of a property can alone make a gift of his property. Basically, a gift is the
transfer of something without consideration. In other words, it can be said that a voluntary
transfer of a property in consideration of love and affection to person is known as ''GIFT''. It
is thus vividly known that '' the chief characteristic of a gift is that it is a transfer without any
consideration.''
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GIFT DEED

THIS DEED OF GIFT is made at Delhi this 25th day of June 2019 between Mr. Aabid Yusuf
of 37/2, New Friends Colony, New Delhi hereinafter referred to as ‘the Donor’ of the One
Part and Mr. Sami Yusuf of C 43, Johri Farms, New Delhi hereinafter referred to as ‘the
DONEE’, of the Other Part.

WHEREAS the Donor is seized and possessed of the land and premises situate at 56/2, CR
Park, New Delhi and more particularly described in the Schedule hereunder written.

AND WHEREAS the DONEE is related to the Donor as Brothers.

AND WHEREAS the Donor desires to grant the said land and premises to the DONEE as gift
in consideration of natural love and affection as hereinafter mentioned.

AND WHEREAS the DONEE has agreed to accept the gift as is evidenced by his executing
these presents.

AND WHEREAS the market value of the said property his estimated to be Rs 80,00,000
(Rupees eighty lakh only)

NOW THIS DEED WITNESSETH that the Donor without any monetary consideration and
in consideration of natural love and affection, which the Donor bears to the DONEE, doth
hereby grant and transfer by way of gift the said land and premises situate at 56/2, CR Park,
New Delhi and more particularly described in the Schedule hereunder written together with
all and singular the buildings, and structures. Thereon and all the things permanently attached
thereto or standing thereon and all the liberties, privileges casements and advantages
appurtenant thereto And all the estate, right, title, interest use, Inheritance, possession.
benefit, claims and demand whatsoever of the Donor To Have And To Hold the same unto
and to the use of the DONEE absolutely but subject to the payment of all taxes, rates,
assessments, dues and duties now and hereafter chargeable thereon to the Government or
Municipality or other Local Authority.

AND he the Donor doth hereby covenants with the DONEE;

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(a) That the Donor now has in himself, good right, full power and absolute authority to grant
the said piece of land and other the premises hereby granted as gift in the manner aforesaid.

(b) The DONEE may at all times hereafter peaceably and quietly enter upon have occupy.
possess and enjoy the said piece of land and premises and receive the rents, Issues, and
profits and rents thereof and every part thereof to and for his own use and benefit without any
suit, lawful eviction, interruption, claim or demand whatsoever from or by the Donor or his
heirs, executors, administrators and assigns or any person or persons lawfully claiming or to
claim by, from, under or in trust for the Donor.

(c) That the said land and premises are free and clear and freely and clearly and absolutely
and forever released and discharged or otherwise by the Donor and well and sufficiently
saved, kept harmless and Indemnified of and from and against all former and other estate,
titles, charges and encumbrances whatsoever, had made, executed, occasioned or suffered by
the Donor or by any other person or persons lawfully claiming or to claim by. from, under or
in trust for the Donor.

(d) AND FURTHER that the Donor and all persons having or lawfully claiming any estate or
Interest whatsoever to the said land and premises or any part thereof from under or in trust for
the Donor or his heirs, executors. administrators and assigns or any of them shall and will
from time to time and at all times hereafter at the request and cost of the DONEE do and
execute or cause to be done and executed all such further and other acts, deeds, things,
conveyances and assurances in law whatsoever for better and more perfectly assuring the said
land and premises and every part thereof unto and to the use of the DONEE in the manner
aforesaid as by the DONEE, his heirs, executors, administrators and assigns or counsel in law
shall be reasonably required.

IN WITNESS WHEREOF the Donor as well as the DONEE (by way of acceptance of the
said gift) have put their respective hands the day and year first hereinabove written.

Place: Delhi

Date: 25th June 2019

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THE SCHEDULE ABOVE REFERRED TO

WITNESS:

1. Yasser Desai THE DONOR

2. Amjad Nadeem THE DONEE