Real Estate and Gift

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The Deed Of Gift
the-deed-of-gift-1144-1.html Author : YSRAO JUDGE Published: April 5, 2013, 7:56 am

The Deed Of Gift A voluntary transfer of personal property without consideration. A parting by owner with property without pecuniary consideration. A voluntary conveyance of land, or transfer of goods, rom one person to another, made gratuitously, and not upon any consideration of blood or money . Section 122 of the Transfer of Property Act, 1882 defines ''GIFT''. Oral Gift of an Immoveable PropertyIn view of sec. 123 of Transfer of Property Act, a gift of immovable property, which is not registered, is bad in law and cannot pass any title to the donee. Any oral gift of immovable property cannot be made in view of the provisions of sec. 123. Mere delivery of possession without a written instrument cannot confer any title Recent Case-Law As To Oral Gift Deed: # Dr. Nathu Lal Vaishi & Anr. . vs G.S.Kamal Advocate & Anr on 12 January, 2010, Delhi High Court # Sneh Gupta vs Devi Sarup & Ors. on 17 February, 2009, Supreme Court of India # Ashiq Ali And Ors. vs Smt. Rasheeda Khatoon And Anr.,2005 (2) AWC 1342 # Mt. Akbari Begam vs Rahmat Husain And Ors. , AIR 1933 All 861 # Smt. Sudha Devi And Anr. vs Smt. Shanti Devi,1995 (2) BLJR 1328 # Ziauddin Ahmed vs M.A. Raoof (Died) By Lr., 2002 (5) ALD 830 # Hasan Ali vs Hafiz Mustak Ali, 1986 (2) WLN 1 # Mahboob Sahab vs Syed Ismail & Ors, 1995 AIR 1205 # Chota Uddandu Sahib vs Masthan Bi (Died) And Ors., AIR 1975 AP 271 # Shaik Nurbi vs Pathan Mastanbi And Ors., 2004 (3) ALD 719 What Is Onerous Gift? 'Onerous gift' is a gift made subject to certain charges imposed by the donor on the donee.'' -The rule is based on equity, which speaks the person who accepts the benefit of a transaction must also accept the burden of the same. - It applies equally to Hindus and Mahomedans. Who is Universal Donee? Illustration: A is father. B is son. A makes a gift of the whole property of his estate to B. A directs B to pay his debts and then B is a Universal Donee. Thus, B is liable to pay all debts of donor. -Section 128 of the Transfer of property Act speaks about '' Universal Donee. -The foremost condition is the gift should consist of the whole property of the donor. -In case of a gift pertaining to some portion of the property of donor, such donee is not a Universal donee.

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Deference between '' Hiba'' and ''Gift'':

HIBA (The Mohammedan GIFT (The English law)

law)

i) As to a valid gift, under Mohammedan law, three essentials conditions are required: (i) declaration of gift by the donor (ii) an acceptance of the gift, express or implied, by or on behalf of the donee, and (iii) delivery of possession of the subject of gift. i) As to rights in property, under The English law, is classified by a division on the basis of immoveable and moveable property. The essential conditions of a valid gift are (i) The absence of consideration; (ii) the donor; (c) the donee ;(iii) the subject-matter; (iv) the transfer; and the acceptance Gift to Hindu woman under Hindu Law: 1. Any gift to women under Hindu Law is subject to special rules of construction. 2. Whether such gift passes an absolute estate or limited estate depends upon the terms of the grant. 3. That too, it depends upon the expressions used in the terms of the grant. (Shaliq Ram vs Charanjit) 4. Under partition or in lieu of maintenance, a Hindu woman acquires an absolute estate. 5. Where the property is acquired without pre-existing right such as under a Will, gift, decree or award, her estate depends upon the terms of the instrument. 6. A Hindu , whether belonging to the Mitakshara or Dyabhaga School, can make a gift of his/her separate as also self acquired estate subject to the claims of those entitiled under the Hindu Adoption and Maintenance Act. 7. No sooner does the donor relinquish his right in the property followed by delivery of possession and acceptance by the...
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