Abstract
A Very Short Introduction provides insight into what hindu law is, but why it is the way it is. How have laws had to respond to social changes when it comes to the distribution of gift? Since ancient times we have seen rising problems related to the gift distribution among hindu law. How do families deal with the chaos of distribution of gifts? Family law has recently been challenged to keep up-to-date with the social and scientific changes which affect it. What is a gift? What leads to distribution of gift? What rights should they have? What are the essentials of Gift? What are the ways of accepting Gifts? What are the new dilemmas which will be faced by families?
Keywords: Hindu law, Gift, Revocation of Gift.
Introduction:
Hindu Law defines gift as “the creation of another person’s proprietary right after the extinction of one’s own proprietary right within the material of the gift.” Gift under Shastric Hindu law needn’t be writing, but a present there under law isn’t valid unless it’s amid delivery of possession of the themes of the gift from donor to the donee. Mere registration of a deed of a present isn’t like delivery of possession; it’s not therefore sufficient to pass the title of the property from the donor to the donne.
Definition of Gift:
According to the Mitakshara, “A gift consists within the relinquishment inconsiderately of one’s title of property, and therefore the creation of the proper of another. The creation of another man’s right is completed or that other’s acceptance of the gift, but not otherwise.
Perquisites of Gift under Hindu law:
1. Donor
The one that makes a present within the property is mentioned as donor. He should be of sound mind and major. He should possess die right to form the gift i.e., he must have absolute ownership over the topic matter of gift.
2. Donee
The one that receives the gift is mentioned as donee. The gift is completed by the acceptance of the donee. He must be alive . He can even be an incapacitated person, however therein case somebody else should accept the gift on his behalf.
3. Subject Matter of the Gift
Following properties are often validly and legally gifted to a person—
- Separate or self-acquired property, whether governed by Mitakshara or Dayabhaga.
- Stridhan.
- Impartible estate if not prohibited by custom.
- Coparcenary interest under Dayabhaga.
- Whole of the ancestral property by the daddy in Dayabhaga.
- Any a part of the property received by a Hindu widow in inheritance, which may tend by her to her daughter or son-in-law at the time of marriage.
- Movable properties inherited by a widow under Mayukhavidhi.
4. Acceptence:
There is difference of opinion between Dayabhaga and Mitakshara with reference to the need of acceptance for a present . Under Mitakshara law the acceptance is must for the completions of a present whereas it’s not so under Dayabhaga.
5. Formalities
Possession of the property was treated necessary to be transferred to the donee. With reference to movable properties, the transfer of possession to the donee was sufficient. Except for immovable property, Vijnaneshwara has addressed some special formalities for a legitimate gift. He has emphasised the necessity of consent of villagers, relatives, neighbours and heirs and gold and water for the gift of property (land). During this way the consent of the persons of those categories was necessary from several angles. If a person of the above category raised any objection to the gift he could catch on decided during a court of law in his favour.
Modes of Acceptance of Gift under Hindu Law:
1. Mental Acceptance
2. Verbal Acceptance
3. Corporeal Acceptance
Under Hindu law, the following property can be disposed of by Gift:-
1. A Hindu entitled to eliminate his separate or self-acquired property by gift. As long as if the members of the family who are legally entitled to urge maintenance from that person, claim against that gift, then the Hindu cannot dispose his property by gift.
2. Under Dayabhaga School, a coparcener can gift away his coparcenary interest, subject to the claims for maintenance of these members who are entitled to be maintained by him. Under Mitakshara School, A coparcener cannot do so except when he’s the only surviving coparcener.
3. Under Dayabhaga law, a father can eliminate even the entire of the property by gift, subject to the claims of these who are entitled to be maintained by him.
4. Consistent with Section 14 of the Hindu Succession Act, 1956[1]. A female Hindu can eliminate all her property by gift. But in ancient Hindu law, she was entitles to eliminate only her stridhana property by gift.
5. A widow can eliminate a neighbourhood of her widow’s estate by gift to her daughter or son-in-law on the occasion of the daughter’s marriage. But it can’t be done by a will.
Revocation of Gift:
Under Hindu law, once a present is complete, it’s binding on the donor, and it can’t be revoked by him, unless it’s been obtained by fraud or under influence. Ganga Bakash vs. Jagat Bahadur[2]. The courts have also observed that where a present is formed by a Hindu widow, the burden lies upon the donee to point out that the widow made the gift with a full understanding. In Deo kura vs. Man kura[3] , a present was put aside during a suit brought eight years after the date of the gift on the bottom that the document of the gift wasn’t explained to the donor.
References:
1.Raman Devgan, No Petition for divorce to be presented within one year of marriage, Devgan https://devgan.in/hma/section/14/ (Visited on Apr 20, 08:03 PM)
2. Ganga Baksh V. Jagat Bahadur (1914) 16 BOMLR 306 (India)
3. Deo Kura V. man Kura (1894) (India)
About the Author:-
This Article has been written by Aryan Sinha, 4th Year law (BBA+LLB(H) student at Galgotias University, Greater Noida.
