Property may be gifted
- A Hindu may dispose of by gift his separate or self acquired property, subject in certain cases to the claims for maintenance of those he is legally bound to maintain.
- A coparcener, may dispose of his coparcernary interest by gift subject to the claims of those who are entitle to be maintain by him.
- A father may by gift dispose of the whole of his property, whether ancestral or self acquired, subject the claims of those he is entitle to be maintain by him.
- A female may dispose of her stridhana by gift or will, subject in certain cases to the consent of her husband.
- A widow may in certain cases by gift dispose of a small portion of the property inherited by her from her husband, but she cannot do so by will.
- The owner of an impartible estate may dispose of the estate by gift or will, unless there is a special custom prohibiting alienation or the tenure is of such a nature that it cannot be alienated.
Manner in which, The deed of gift is effected
A gift deed under the above act can only be effect in the following manner.
- For the purpose of making a gift of immovable property, the transfer must be effected
- by a registered instrument signed by or on behalf of the donor, and attested by at least two witnesses.
- For the purpose of making a gift of a movable property, the transfer may be effected
- by a registered document signed by the donor or by delivery.
The Gift can be revoked
A gift once complete is binding on the donor, and it cannot be revoked by him unless it is obtain by fraud or
Gift is a relinquishment without consideration of one’s own right in property and the creation of the right of another. A gift is complete only on the other’s acceptance of the gift.
A gift under Hindu law need not be in writing. However, a gift under the law is not valid unless it is accompanied
by delivery of possession of the subject of the gift from the donor to the donee. However where physical possession cannot be deliver, it
is enough to validate a gift, if the donor has done all that he could do to complete the gift, so
as to entitle the donee to obtain possession.
A gift of property is not invalid because the donor reserves the usufruct of the property to himself for life. Where property is gives subject to a condition absolutely restraining the done from alienating it, or it is gives to two or
more persons subject to a condition restraining them from restraining it, the condition is void, but
the gift itself remains good. A gift made with the intent to defeat or defraud creditors is voidable at the option of the creditors