The properties of which a gift may be made freely are as follows:
Where the property is absolutely at the disposal of its owner he or she may give it away by gift freely and without restriction, subject, however, to the claims for maintenance of those who are entitled to be maintained by the owner. The following are the properties of which a gift may be made freely:—
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ADVERTISEMENTS:
(a) Under the Dayabhaga law, by a male, of all his property whether joint or separate.
(b) Under the Mitakshara law, by a male, of his separate property; or by the karta, of a reasonable portion of the coparcenary property for pious religious or charitable purposes, or on occasions when gifts are usually made by Hindus, such as a daughter’s marriage; or where all the coparceners are adult, by all of them jointly, of any portion or the whole of the coparcenary property.
(c) By a woman, of her Stridhana, and now after the commencement of the Hindu Succession Act, 1956, of all property possessed by her except that in which she continues to have a limited estate by reason of the terms of the grant.
(d) By the holder of an impartible estate, except in cases governed by the Madras Impartible Estates Act, 1904, of property comprised in such impartible estate, unless precluded by custom to the contrary.
Revocation of Gift:
ADVERTISEMENTS:
Once a gift is complete it cannot be revoked unless it has been effectuated under fraud or undue pressure.
Donatio Mortis Causa:
Under Hindu law gift under expectation of death too has been recognised. Any such death bed gift is valid unless the donor recovers from his death bed illness. Under Section 129 of Transfer of Property Act, 1882, such gifts have been repealed from the chapter of Gifts. The legal necessity of gift is that gift be executed in such a manner that the object of the gift is such that the property may go to the donee, whether it may be oral or written.
Present Law of Gift:
Chapter 7 of Transfer of Property Act, 1882 also applies upon Hindus. Other rules and principles laid down in various cases too are applicable upon Hindus.