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    Gifts in Property Law

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    Shashank Upadhyay
    This document discusses gifts in property law. It defines gifts as the voluntary transfer of ownership from a donor to a donee without consideration. There are two main types of gifts - inter vivos gifts between living persons and testamentary gifts made through a will. The essential elements of a valid gift are the transfer of ownership, a voluntary transfer, and acceptance by the donee. For gifts of immovable property, registration is compulsory and the transfer must be effected through a registered instrument witnessed by others. Mohammedan law also recognizes gifts but draws no distinction between real and personal property.

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    Gifts in Property Law

    Uploaded by

    Shashank Upadhyay
    47 views10 pages
    This document discusses gifts in property law. It defines gifts as the voluntary transfer of ownership from a donor to a donee without consideration. There are two main types of gifts - inter vivos gifts between living persons and testamentary gifts made through a will. The essential elements of a valid gift are the transfer of ownership, a voluntary transfer, and acceptance by the donee. For gifts of immovable property, registration is compulsory and the transfer must be effected through a registered instrument witnessed by others. Mohammedan law also recognizes gifts but draws no distinction between real and personal property.

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    Gifts-in-Property-Law

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    This document discusses gifts in property law. It defines gifts as the voluntary transfer of ownership from a donor to a donee without consideration. There are two main types of gifts - inter vivos gifts between living persons and testamentary gifts made through a will. The essential elements of a valid gift are the transfer of ownership, a voluntary transfer, and acceptance by the donee. For gifts of immovable property, registration is compulsory and the transfer must be effected through a registered instrument witnessed by others. Mohammedan law also recognizes gifts but draws no distinction between real and personal property.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    47 views10 pages

    Gifts in Property Law

    Uploaded by

    Shashank Upadhyay
    This document discusses gifts in property law. It defines gifts as the voluntary transfer of ownership from a donor to a donee without consideration. There are two main types of gifts - inter vivos gifts between living persons and testamentary gifts made through a will. The essential elements of a valid gift are the transfer of ownership, a voluntary transfer, and acceptance by the donee. For gifts of immovable property, registration is compulsory and the transfer must be effected through a registered instrument witnessed by others. Mohammedan law also recognizes gifts but draws no distinction between real and personal property.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 10

    Gifts in Property Law

    Gifts in property law involve the transfer of ownership without consideration.


    This can occur between living persons or after the death of the transferor.
    The two main types of gifts are inter vivos and testamentary. Inter vivos gifts
    are transfers between living persons, while testamentary gifts are made
    through a will. This presentation will explore the essential elements of a gift,
    the process of gifting immovable property, and the legal implications of gifts
    under Mohammedan law.
    by Shashank Upadhyay
    Definition of Gift
    The Transfer of Property Act, 1882 defines a gift as the voluntary and
    unconditional transfer of ownership from a donor to a donee without
    consideration. It encompasses both movable and immovable property. The
    donor must be competent and have ownership rights in the property at the
    time of the gift. The donee need not be competent to contract and can be
    any person in existence at the time of the gift.
    Essential Elements of Gift
    1 Transfer of Ownership
    The gift must involve the transfer of ownership.

    2 Voluntary Transfer
    The transfer must be made voluntarily, without consideration.

    3 Acceptance of Gift
    The gift must be accepted by the donee.
    Acceptance of Gift
    Express Acceptance Implied Acceptance Refusal of Gift
    Donee explicitly accepts the Acceptance inferred from the Donee may refuse the gift,
    gift. conduct of the donee. especially if it is non-beneficial
    or onerous.
    Gift of Immovable Property
    1 Registration Requirement
    Gift of immovable property must be made through a registered instrument.
    2 Delivery of Possession
    Transfer must be effected by a registered instrument and attested by witnesses.
    3 Status of Registration
    Registration is compulsory for gifts of immovable property.
    Provisions and Procedure
    Sec 123 of Transfer of Property Act
    1 Makes a reference to delivery in the case of gifts.

    Essentials for Transfer


    2 Transfer must be effected by a registered instrument and attested by witnesses.

    Importance of Registration
    3 Registration is compulsory for gifts of immovable property.
    Gifts under Mohammedan Law
    Hiba and Ariat
    Immediate and unconditional transfer of ownership or grant of limited interest.

    Child in the Womb


    A hiba in favor of a child in the womb is valid under certain conditions.

    Juristic Persons
    Gifts to juristic persons or institutions are valid under Mohammedan law.
    Conception of Property
    1 English Law
    Classifies rights in property based on real and personal property.

    2 Mohammedan Law
    Draws no distinction between real and personal property.

    3 Ownership in Muslim Law


    Recognizes only absolute dominion over property.
    The Donor and The Donee
    1 2 3
    The Donor The Donee Acceptance of Hiba
    Must be competent and have Accepts the gift and can be a Immediate and absolute
    unrestricted powers to make a minor or a juristic person. transfer of ownership.
    gift.
    Conclusion
    Gifts play a crucial role in property law, allowing for the transfer of ownership without consideration. The
    process and legal implications of gifting immovable property have been explored in detail. Additionally, the
    presentation has delved into the significance of registration of gift deeds and the essentials of gifts under
    Mohammedan law. By analyzing various legal aspects and landmark judgments, this presentation aims to
    provide a comprehensive understanding of the complexities surrounding gifts in property law.

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