vustudents
08-30-2012, 08:13 PM
Q. Define gift? how is transfer of property effected by gift? in what way it is different from gift under Islamic law. (2003)(2004)
1. Introduction:
The transfer of certain existing moveable or immoveable property is called gift if it is made voluntarily without consideration by one person to another person. a gift can also be revoked.
2. Relevant provisions:
Sec. 122, 123 transfer of property act.
3. Definition of gift:
Gift is transfer of certain existing moveable or immoveable 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.
4. Essentials of a valid gift:
Essentials of a valid gift are as under.
(i) Parties:
There are two parties in gift on is called donor and other is called donee.
(ii) Subject matter:
The subject matter of the gift may be movable or immovable property.
(iii) Existing property:
Such property must be exist at the time of gift.
(iv) Consideration:
Property is made without consideration.
(v) Voluntarily:
The transfer by gift should be made voluntarily.
(vi) Acceptance:
There must be acceptance of gift. acceptance must be made during the life time of donor.
5. Transfer how effect:
In case of immoveable property:
For the purpose of making a gift of immoveable property, the transfer must be effected by a registered instrument signed by or on behalf of the donor, and attested by at least two witnesses.
In case of immoveable property:
For the purpose of making a gift of immoveable property, the transfer may be effected either by a registered instrument signed as aforesaid or by delivery. such delivery may be made in the same way as goods sold may be delivered.
6. Concept of gift under Muslim law:
Under Muslim law, gift has following three essentials.
(i) Declaration of gift by donor.
(ii) Acceptance by donee.
(iii) Delivery of possession.
Case law
AIR 1932 All 144
There must be actual acceptance of a gift, in fact, through it need not be express.
7. Distinguish between gift under Muslim law and T. P. A.
(i) As to procedure of moveable and immoveable property:
There is same procedure for moveable property and immoveable property.
Under transfer of property act there is different procedure for moveable property and immoveable property.
(ii) As to delivery:
Delivery must be made under Islamic law.
Delivery is not necessary under T. P. A.
(iii) As to mode:
Under Muslim law written instrument is not necessary.
Under T. P. A written instrument for immoveable property is necessary.
(iv) As to oral gift:
Oral gift can be made under Islamic law.
Under T. P. A no oral gift can be made.
(v) As to gift to future property:
Gift of future property can be made under Islamic law.
Gift of future property can not made under T. P. A.
8. Conclusion:
To conclude I can say that, gift is an uncoditional transfer of property, made immediately and without any exchange or consideration by one person to another person and accepted by or on behalf of the latter. the gift under transfer of property and under Islamic law different.
1. Introduction:
The transfer of certain existing moveable or immoveable property is called gift if it is made voluntarily without consideration by one person to another person. a gift can also be revoked.
2. Relevant provisions:
Sec. 122, 123 transfer of property act.
3. Definition of gift:
Gift is transfer of certain existing moveable or immoveable 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.
4. Essentials of a valid gift:
Essentials of a valid gift are as under.
(i) Parties:
There are two parties in gift on is called donor and other is called donee.
(ii) Subject matter:
The subject matter of the gift may be movable or immovable property.
(iii) Existing property:
Such property must be exist at the time of gift.
(iv) Consideration:
Property is made without consideration.
(v) Voluntarily:
The transfer by gift should be made voluntarily.
(vi) Acceptance:
There must be acceptance of gift. acceptance must be made during the life time of donor.
5. Transfer how effect:
In case of immoveable property:
For the purpose of making a gift of immoveable property, the transfer must be effected by a registered instrument signed by or on behalf of the donor, and attested by at least two witnesses.
In case of immoveable property:
For the purpose of making a gift of immoveable property, the transfer may be effected either by a registered instrument signed as aforesaid or by delivery. such delivery may be made in the same way as goods sold may be delivered.
6. Concept of gift under Muslim law:
Under Muslim law, gift has following three essentials.
(i) Declaration of gift by donor.
(ii) Acceptance by donee.
(iii) Delivery of possession.
Case law
AIR 1932 All 144
There must be actual acceptance of a gift, in fact, through it need not be express.
7. Distinguish between gift under Muslim law and T. P. A.
(i) As to procedure of moveable and immoveable property:
There is same procedure for moveable property and immoveable property.
Under transfer of property act there is different procedure for moveable property and immoveable property.
(ii) As to delivery:
Delivery must be made under Islamic law.
Delivery is not necessary under T. P. A.
(iii) As to mode:
Under Muslim law written instrument is not necessary.
Under T. P. A written instrument for immoveable property is necessary.
(iv) As to oral gift:
Oral gift can be made under Islamic law.
Under T. P. A no oral gift can be made.
(v) As to gift to future property:
Gift of future property can be made under Islamic law.
Gift of future property can not made under T. P. A.
8. Conclusion:
To conclude I can say that, gift is an uncoditional transfer of property, made immediately and without any exchange or consideration by one person to another person and accepted by or on behalf of the latter. the gift under transfer of property and under Islamic law different.