Gifts

 Definition 

The transfer of movable and immovable property without consideration 

The gift should inter vivos

Gift to idol in not valid

Gift to unborn

The gift needs acceptance otherwise it is void

The gift may be made to another living person till the child id born may not be delayed after attaining majority 

The rights vested in the person living should be transferred absolutely to the born child

Revocation of gift

Gift once accepted cannot be revoked otherwise

If agreed by the evening agreed by donor and Donne 

Illustration 

A gifts his land to b with condition that if b has no heirs in life of A reverts to A

Case law 

Al card v skinner

The plaintiff gifted to the defendant his property under the influence of mother superior later she sued for setting aside the gift the decision came in favour to the defendant that years have passed since the gift was made and no evidence of undue influence.

S.123 -Transfer effected by registration by two witnesses 

Case law 

Papathi Ammal v doraisami

The defendant made a gift to his wife later revoked the gift which was not known to the plaintiff 

After knowing that the gift was made sued for claim the gift 

Decision was made that the gift was never accepted and revoked before acceptance so there was no valid gift made.

Onerous gift

When gift is made in a single transfer

Where one part is beneficial and the other a burden the donnee cannot take the one which is beneficial and the reject the burden one which is not valid 

Universal donee 

If a gift is made out of full property the donee is liable to the debts of the donor to the extent of the value of the property 

Donatio Mortis causa

Death bed gift made are revokable when the donor sickness or illness is cured 

The gift is for movable property 

The gift takes effect immediately after the death of donor.


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