Gift under Hindu Law | Civil Law for Judiciary Exams PDF Download

Gift under Hindu Law

A significant concept in the legal framework of Hindu law is the notion of gifts. In Hindu law, a gift is not merely an act of generosity but a legally binding transaction that embodies values, responsibilities, and rights.

Definition of Gift under Hindu Law

• Gift under Hindu Law refers to a voluntary action where an individual relinquishes their rights to a property without expecting anything in return, while simultaneously creating rights for another individual.
• For instance, if a father gifts a piece of land to his daughter without any exchange of money, it constitutes a gift under Hindu Law.

Key Aspects of Gift under Hindu Law

• A gift under Hindu Law involves the act of renouncing one's property rights without any form of consideration in return, thereby establishing rights for another person.
• It is vital to note that the process of gifting is completed only upon the acceptance of the gift by the recipient.

Acceptance in Gift under Hindu Law

• According to the Mitakshara, a prominent text in Hindu Law, a gift involves the voluntary surrender of property rights without any expectation of return, leading to the creation of rights for another individual.
• For instance, when a grandfather gifts his antique collection to his grandson out of love, and the grandson accepts it willingly, it becomes a valid gift under Hindu Law.

Legal Implications of Gift under Hindu Law

• Once a gift is accepted, it becomes legally binding, and the donor loses all rights to the gifted property.
• Moreover, the recipient gains complete ownership and control over the gifted property.

Essentials of Gift under Hindu Law

A gift in Hindu law involves the transfer of property without the expectation of compensation, encompassing a donor, donee, subject matter, and proper acceptance.

1. Absence of Consideration

• Gifts in Hindu law stand out due to the absence of consideration. Unlike transactions involving money, gifts are unconditional and given without expecting anything in return. This ensures that the act of gifting is solely driven by the voluntary intention of the donor.

2. Presence of a Donor

• The person making the gift is known as the "donor." The donor does not necessarily have to be the legal owner of the property being gifted but must be of legal age under Hindu Law. The donor has the authority to transfer property, either wholly or with certain restrictions, based on legal capacity.

3. Presence of a Donee

• The recipient of the gift is called the "donee." Even minors can receive gifts according to Hindu law. However, any obligations associated with the gift cannot be enforced on minors until they reach adulthood. At that point, the donee can choose to accept the responsibilities or return the gifted property.

4. Subject Matter of Gift

The scope of gifting in Hindu law covers various types of property:

• Self-acquired property
• Stridhana
• Widows’ Rights
• Parental Authority
• Coparcenary Interest
• Impartible Estate

5. Gift of Undivided Interest

• Under the Mitakshara law, co-owners are limited in gifting their entire stake in a co-owned property. While donors cannot reclaim the gifted property, they can gift their stake with the consent of co-owners.

6. Delivery of Possession

• A gift in Hindu law is considered a present disposition. Legally effective gifting involves proper execution, registration, and delivery of the gift to the donee without expecting anything in return. Acceptance by the donee completes the gifting process.

7. Acceptance of Gifts

• Acceptance is crucial for a gift under Hindu law to be legally valid. The mode of acceptance is not specifically prescribed by the Transfer of Property Act, and it can be indicated through actions, intentions, or physical delivery of the gift document to the donee.

Modes of Gift in Hindu Law

Mental Acceptance

• Occurs within the recipient's mind.
• Involves consciously acknowledging and intending to accept the gifted property.
• Not outwardly expressed, but legally significant.
• Signifies the donee's agreement to receive the gift.
• Example: When a person silently decides to accept a gift given to them.

Verbal Acceptance

• Involves articulating one's intention to accept the gift.
• Can be through spoken words explicitly conveying willingness to receive the property.
• Clear expression of acceptance.
• Example: Saying "I accept this gift" in response to a gift offer.

Corporeal Acceptance

• Manifested through physical actions or gestures.
• Donee physically takes possession of the gifted property.
• Demonstrates explicit acceptance.
• Symbolizes the recipient's affirmative response to the gift.
• Example: Receiving a gift by physically taking it into one's possession.

Types of Property That Can be Gifted in Hindu Law

• Separate or Self-Acquired Property: A Hindu individual is allowed to gift their separate or self-acquired property. However, there's a condition: if family members entitled to receive maintenance make a claim, the property cannot be gifted.
• Coparcenary Interest (Dayabhaga School): According to the Dayabhaga School of law, a coparcener in a joint Hindu family can gift their coparcenary interest, considering the rights of family members entitled to maintenance.
• Coparcenary Interest (Mitakshara School): Under the Mitakshara School, a coparcener can't gift their coparcenary interest, except when they are the sole surviving coparcener in the family.
• Father's Right to Dispose of Property: As per Dayabhaga law, a father can gift all his property under Hindu Law, subject to claims of family members entitled to maintenance.
• Female Hindu's Right to Dispose of Property: According to Section 14 of the Hindu Succession Act, 1956, a female Hindu can gift all her property. Earlier Hindu law restricted her to gift only stridhana property.
• Widow's Right to Dispose of Property: A widow can gift a part of her widow's estate, often for her daughter's marriage. This form of disposal can't be done through a will.

Gifts by Hindus and the Application of the Transfer of Property Act

Gift of Immovable Property

• In Hindu law, when gifting immovable property, a valid transfer requires a registered instrument.
• This document must bear the signature of the donor or their representative and be witnessed by at least two individuals.
• By following this formal procedure, the transaction's legality is ensured.

Gift of Movable Property

• When gifting movable property, a transfer can be accomplished through a registered document with the donor's signature.
• Alternatively, physical delivery of the property to the recipient can also validate the transfer.
• This flexibility recognizes the diverse nature of movable assets.

Gifts to Unborn Persons

• Traditionally, Hindu law did not permit gifts to individuals who did not exist at the time of the gift.
• In Bangladesh, customary practices and the Transfer of Property Act of 1882 may influence Hindu bequests.

Reservation of Life Interest

• A gift remains valid even if the donor retains the right to enjoy the benefits of the property during their lifetime.
• According to Hindu law, the donor's reserved usufruct is legally acceptable.

Conditions Restraining Alienation or Partition

• Gifts that come with conditions limiting the donee's ability to alienate or partition the property render such conditions void.
• Despite the nullification of the condition, the gift itself remains legally valid and enforceable.

Revocation of Gift under Hindu Law

• A gift in Hindu law is considered binding on the donor and is generally irrevocable.
• However, there are exceptions to this rule, such as in cases of fraud or undue influence.
• One significant legal case supporting the revocation of gifts under Hindu Law is Ganga Bakash vs. Jagat Bahadur.
• When a gift is made by a Hindu widow, it is essential for the donee to prove that the widow fully understood the implications of the gift.
• For example, in the case of Deo Kura vs. Man Kura, a legal dispute arose eight years after the gift was made due to doubts about the donor's understanding of the gift document.

Conclusion

• Gift under Hindu Law involves the voluntary transfer of property without expecting anything in return.
• Accepting a gift in Hindu Law can be through thoughts, words, or actions, rendering the gift legally valid.
• Once a gift is given, it is typically irrevocable, except in cases of deception or undue influence as evidenced in legal precedents.
• The process of giving a gift entails specific rules to ensure fairness and legality for all parties involved.