Gifts under Hindu Law — Hindu Law (Family Law I) 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 upon delivery — without any written deed. A grandfather gave jewellery to his granddaughter at her wedding by physically handing it over. The court held this was a valid gift even without a document. This case illustrates the simple, informal nature of a gift of movables under Hindu law.

What is a Gift (Dana)?

A gift (daan) is a voluntary transfer of property by one person (donor) to another (donee) without any consideration [return].

Section 122, Transfer of Property Act, 1882: “Gift is the transfer of certain existing movable or immovable 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.”

Essentials of a valid gift:

Voluntary transfer — no coercion, fraud, or undue influence.
Without consideration — no money or exchange; it is gratuitous.
Existing property — a gift of future property is void.
Acceptance — the donee must accept during the donor’s lifetime.
Delivery — for movables, actual delivery; for immovables, a registered instrument (S.123, TPA).

Gift of Coparcenary Property

Under Mitakshara law, a coparcener cannot gift coparcenary property to a stranger — this is an improper alienation. Exception: a coparcener may make a token gift for a pious purpose to a stranger (e.g., a small gift to a Brahmin at a religious ceremony), but a substantial gift of joint property to a stranger is void.

However, a coparcener can gift his undivided interest to a co-sharer (another coparcener) without seeking other coparceners’ consent.

Gift to Daughter at Marriage

A gift by parents to their daughter at the time of marriage (vivah) is the original form of Stridhan. Under ancient and modern law, such gifts are absolute and irrevocable.

Case Laws

Thakur Bhim Singh v. Thakur Kan Singh (1980) — Gift of movables complete on delivery; no written deed needed.
Gurnam Kaur v. Bakshish Singh (1990) — A gift of immovable property requires a registered deed; otherwise void.
Ram Charan Das v. Girijanandini Devi (1965) — Gift by a coparcener of coparcenary property to a stranger without necessity or consent is void.

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