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Property law

Gift under Transfer of Property Act, 1882

Synopsis

Introduction

Research methodology

Research Objective

Research questions

Conclusion

Introduction :
Gift is generally considered as the exchange or transfer of ownership of any property from one

person to another where the sender willingly transfers his/her property to the receiver without

any compensation.

Section 122 of the Transfer of Property Act, 1882 defines a Gift as -

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. In ordinary legal effect there cannot be a gift without a giving or
taking.

Research methodology

The project is descriptive as well as analytical in nature. However the majority of the project is
analytical in nature. The sources of data used are mainly secondary in nature. A host of leading
textbooks on Property Law as well as case reporters like All India Reporter (A.I.R), Supreme
Court Cases (SCC) etc. and journals like Annual Survey of Indian Law have been referred to.

Research Objective
The objective of this Project is to provide a comprehensive analysis and comparison between

Gifts under the Transfer of Property Act, 1882 and Mohammedan Gifts. The project aims at

explaining and analyzing the relevant provisions of the Transfer of Property Act, 1882 and also

understanding the rules of Muslim Law relating to gifts.


Research questions

What is a gift under Muslim Law and the Transfer of Property Act?
What are the concepts of property associated with gifts?
What are the various aspects of Property law that muslim Law and the Transfer of
Property Act deal with in relation to gifts and how are these various aspects dealt with?
What are the differences between Mahomedan gifts and Gifts under the Transfer of
Property Act, 1882?

Conclusion

The gift is a contract consisting of a proposal or offer on the part of the doner to give a thing and
acceptance of it by the donee. So it is a transfer of property immediately and without any
exchange. There must be clear intention by the doner to transfer the possession to the doner for a
valid gift. It can be revoked by the doner. And the provisions for the same have also been
mentioned.So in the end it can be clearly concluded fairly that Transfer of Property Act,1882 and
its section is a complete code dealing with the regulation of gift in india, it is very clear and
elaborative in the manner how gift can be executed and revoked.