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
Donee explicitly accepts the
gift.
Implied Acceptance Refusal of Gift
Acceptance inferred from the Donee may refuse the 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.