TOPIC- GIFTS CONCEPT AND CREATION

INTRODUCTION

Gift" is the 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. Such acceptance must be made during the lifetime of
the donor and while he is still capable of giving. If the donee dies before acceptance, the gift is
void. Gift" is the 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. Such acceptance must be made during the lifetime of
the donor and while he is still capable of giving. If the donee dies before acceptance, the gift is
void. Gift" is the 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. Such acceptance must be made during the lifetime of
the donor and while he is still capable of giving. If the donee dies before acceptance, the gift is
void.

ESSENTIALS OF A GIFT

The essentials of a valid gift are given below:-

1. There must be transfer of ownership.

2. The ownership must relate to a property in existence.
3. The transfer must be without consideration.
4. It must have been made voluntarily.
5. The donor must be a competent person.
6. The transferee must accept the gift.

The main project will include the important statutes related to the topic. It will also include the
landmark cases that are related to the topic. In the main project the researcher is also going to
include the concept of gift which is covered under personal laws.
OBJECTIVES

The paper aims to:-

1. To understand the basic provisions related to gifts under TOPA.

2. To understand the topic of gift under personal laws.
3. To understand the relevance of his concept in the present scenario.

RESEARCH METHODOLOGY

This is a secondary research based paper, essentially for academic purposes. This article uses
secondary research sources which include Books, Articles, and Blogs, Research papers, videos
and opinions of learner authors.

RELEVENT CASES

1. Nandi Singh v. Sita Ram, (89) 16 Cal. ; 677; 16 Ind. App. 44 (P.C.),
2. Mool Raj v. Jammu Devi, AIR 1995 HP 117.
3. Thakur Raghunathjee Maharaj v. Ramesh Chandra, AIR 2001 SC 2340.
4. Jagdeo Singh v. Nandan Mahto, AIR 1982 Pat. 22.

RESEARCH QUESTIONS

1. How suspension or revocation of gift takes place under TOPA?

2. How the process of gifts takes place under personal laws?

HYPOTHESIS

Sec. 126 of the TOPA deals with the concept of suspension or revocation of gift under TOPA.

TENTATIVE CHAPTERISATION

1. Introduction
2. Research methodology
2.1 Methodology
 2.2 Objectives
2.3 Research questions
2.4 Hypothesis
3. Gifts- Concept and Creation
4. Legal analysis
5. Role of judiciary
6. Conclusion
Bibliography