Gift under Hindu Law
Gift under Hindu Law
Meaning of Gift (Dakshina, Dana, or Dattana)
A gift is a voluntary transfer of ownership of certain property (movable or immovable) made without consideration (i.e., without expecting anything in return) and with the intention to benefit the recipient.
Under Hindu Law, a gift is called “Dakshina” or “Dana” and is considered a sacred act.
Definition under The Hindu Gift Act, 1958
The Hindu Gift Act defines gift as:
“A gift is the transfer of certain existing movable or immovable property made voluntarily and without consideration by one person, called the donor, to another, called the donee, and accepted by or on behalf of the donee.”
Essentials of a Valid Gift
To constitute a valid gift under Hindu Law, the following essential elements must be fulfilled:
Donor
The donor must be competent to contract, i.e., a person of sound mind and not a minor.
Donee
The donee must be capable of holding the property.
Transfer of Property
There must be actual or symbolic delivery of the gifted property to the donee.
Voluntary Transfer
The transfer must be voluntary without any consideration or coercion.
Acceptance by Donee
The gift must be accepted by the donee during the lifetime of the donor.
Property Must be Existing
The property must exist at the time of the gift and must be transferable.
Transfer of Ownership
Ownership must be transferred immediately and irrevocably to the donee.
Kinds of Gifts under Hindu Law
Voluntary Gift (Nishkam Daan):
Made without any expectation of return or consideration.
Compulsory Gift (Nishchit Daan):
Given in exchange for some benefit or consideration.
Mode of Transfer
Gifts can be made by delivery of possession, symbolic delivery, or by registered instrument (especially for immovable property).
For immovable property, the gift must be in writing and registered as per the Registration Act, 1908.
Types of Gifts
Inter Vivos Gift:
Made during the lifetime of the donor.
Gift by Will:
Not technically a gift but a testamentary disposition effective after death.
Revocation of Gift
A gift once made and accepted cannot be revoked except under specific circumstances like:
Gift made on the condition that the donee marries a particular person, and if that condition is not fulfilled.
Gift obtained by fraud or coercion.
Gift causing grave injury or hardship to the donor or his family.
Rights of Donee
The donee gets absolute ownership of the gifted property.
Donee can sell, transfer, or otherwise deal with the property.
Donor cannot demand return unless the gift is revoked legally.
Important Case Laws
Raj Rani v. Lt. Col. Paramanand AIR 1967 SC 1463
Held that a gift is a transfer of ownership without consideration and must be accepted by the donee.
M.C. Chockalingam v. M. Swaminathan (AIR 1966 SC 818)
The Supreme Court held that for a valid gift of immovable property, registration of the gift deed is mandatory.
Shobha Rani v. Madhukar Reddi AIR 1988 SC 2203
Explained the importance of acceptance and delivery of possession for a valid gift.
Kasturi v. Jayachandra AIR 1967 SC 1316
Held that gift is complete only when possession is delivered and accepted.
Gift and Hindu Succession
A valid gift made during the donor’s lifetime is excluded from the estate upon death and does not form part of intestate succession.
Conclusion
Gift under Hindu Law is a voluntary, irrevocable transfer of ownership of property by a donor to a donee without consideration. The essentials include intention, delivery, acceptance, and transfer of ownership. The law protects the donee’s rights once the gift is complete but allows revocation under certain exceptional conditions.
RELATED Blog
0 comments