ESSENTIALS OF GIFT: A JUDICIAL STUDY

TRANSFER OF PROPERTY ACT

Submitted By

Devanshi Srivastava

SF0120076

III Year B.A.LL.B. (Hons.)

V Semester

National Law University and Judicial Academy, Assam

1.1. Literature Review

Mulla1 in his book has vividly discussed the concept of gift given under the Transfer of Property
Act, 1882. Chapter 7 of this book has been wholly dedicated to the concept of gift. This book
helped the researcher in knowing the concept of gift and essentials of a valid gift. This chapter
lucidly discusses the constituent of a gift and elaborates it with the help of the catena of
judgments. This book also helped the researcher to gauge the process of revocation or suspension
of gifts. This book provided the researcher a deep insight into the topic.

Sinha2 in his book lucidly explains the concept of gift. Chapter 7 of this book is dedicated to the
concept of gift as given under the Transfer of Property Act, 1882. This book emphasizes on each
and every constituent of the gift and discusses it in brevity and elucidates the concept with
judicial pronouncements. This book helped the researcher in understanding the concept of gift.

1.2. Research Questions

The researcher has formulated the following research questions:

• What is the concept of ‘Gift’?
• What are the essentials of ‘Gift’?
• What are the conditions for revocation of ‘Gift’?

1.3. Research Objective(s)

The objectives of the research paper are as follows:

• To study the concept of ‘gift’ as enshrined in the Transfer of Property Act, 1882, with the help
of various illustration and settled judicial pronouncements;
• To analyse the essential elements of a valid gift through judicial pronouncements.
• To examine the laws relating to suspension and revocation of gifts under the Act.

1Sir Dinshaw Fardunji Mulla, The Transfer of Property Act, (Dr. Poonam Pradhan Saxena ed., 11 ed. Lexis Nexis
2013).
2 Dr. R.K. Sinha, The Transfer of Property Act, (20 ed. central law agency 2019).