Gifts under Hindu Law — KSLU Family Law 1 Notes

Gifts under Hindu Law

In Thakur Bhim Singh v. Thakur Kan Singh (1980), the Supreme Court held that a gift of movable property is complete on delivery alone — a grandfather who handed over jewellery to his granddaughter at her wedding, with no written deed, made a perfectly valid gift.

A gift (daan) is a voluntary transfer of existing property without consideration, accepted by the donee during the donor’s lifetime (S.122, Transfer of Property Act, 1882). Its essentials: voluntary transfer (no coercion/fraud/undue influence), absence of consideration, existing (not future) property, acceptance by the donee, and proper delivery — actual handing-over for movables, a registered instrument for immovables (S.123, TPA).

Gift of coparcenary property: a coparcener cannot gift joint family property to a stranger — that is an improper alienation and void (Ram Charan Das v. Girijanandini Devi, 1965), save for a small token gift for a pious purpose. He can, however, gift his own undivided interest to a fellow coparcener without anyone else’s consent. A gift by parents to a daughter at marriage (vivah) is, historically, the very origin of Stridhan — absolute and irrevocable.

Case laws: Thakur Bhim Singh v. Thakur Kan Singh (1980) — gift of movables complete on delivery, no deed required; Gurnam Kaur v. Bakshish Singh (1990) — a gift of immovable property without a registered deed is void; Ram Charan Das v. Girijanandini Devi (1965) — a coparcener’s gift of joint property to a stranger, absent necessity or consent, is void.