Under Indian law, the essential conditions for a valid gift are governed by the Transfer of Property Act, 1882, particularly Section 122 to Section 129. A valid gift must satisfy the following conditions:
Essential Conditions for a Valid Gift:
Donor's Capacity:
The donor (person giving the gift) must be a competent person, i.e., of sound mind and above 18 years of age.
Donee's Capacity:
The donee (recipient) can be any person capable of holding property. Even a minor can be a donee, but in such a case, a guardian must accept the gift on their behalf.
Voluntary Transfer:
The gift must be made voluntarily and without any coercion, undue influence, fraud, or misrepresentation.
Without Consideration:
A gift must be made without any monetary or other consideration. It is purely out of love and affection.
Existing Property:
The gift must relate to existing movable or immovable property. Future property cannot be gifted.
Transfer and Acceptance:
The gift must be accepted by the donee during the lifetime of the donor and while the donor is still capable of giving it. Acceptance can be express or implied.
Registration (for Immovable Property):
If the gift involves immovable property, it must be made through a registered gift deed signed by the donor and attested by at least two witnesses (as per Section 123 of the Act).
Revocation of Gift:
As per Section 126 of the Transfer of Property Act, 1882, a gift cannot be revoked merely because the donor has changed their mind. However, it can be revoked in the following cases:
Revocation by Mutual Agreement:
If there is an agreement between the donor and the donee that the gift will be revocable upon certain conditions, and those conditions occur, then the gift can be revoked.
Revocation due to Fraud, Undue Influence, or Coercion:
If the gift was not made voluntarily and was obtained through fraud, coercion, or undue influence, it can be declared void by a court of law.
Note: A gift once validly executed and accepted cannot be revoked unilaterally by the donor unless one of the legal grounds above is proven.
The essentials of a valid gift under Indian law and how it can be revoked:
1. The gift must be given voluntarily by the giver without any pressure.
2. The giver must be mentally sound and legally able to give the gift.
3. The receiver must accept the gift while the giver is still alive.
4. The gift must be of existing property, not something imaginary.
5. The gift should be without any payment or return (no consideration).
6. For land or buildings, it must be in writing, signed, and registered.
7. Movable property gifts can be given by simply handing it over.
8. Once given and accepted, a gift cannot usually be taken back.
9. A gift can only be revoked in rare cases like fraud or mutual agreement.
10. All legal steps and formalities should be followed for the gift to be valid.
Under Indian law (Section 122 of the Transfer of Property Act, 1882), a valid gift requires voluntary transfer of property by the donor to the donee without consideration, acceptance by the donee during the donor’s lifetime, and must be in writing and registered if immovable. A gift can be revoked only by mutual agreement or on grounds of fraud, coercion, or undue influence.
Following are the essential conditions of valid gift as per section 10 of the contract law :-
1).Valid offer and Acceptance
2). Transfer of ownership
3).Existing property
4). Competent Donor
section 125 of TPA defines the way of revocation
1).Through mutual agreement of the parties
2). Recission of valid essentials of the contract , undue influence , coercion or fraud or failure to meet any of the conditions .
The essentials conditions for a valid gift as per section 10 of contract act are:
1. Valid offer and Acceptance
2. Transfer of ownership
3. Existing property
4. Competent donor
5. No consideration
Section 126 of TPA mentions two of revocation of gift:
1. Mutual agreement
2. coercion, fraud, or undue influence or recession of essential conditions of a valid contract or failure to meet any of the conditions
essentials conditions
as per the section 10 of the contract the donor should be major sound non disqualified by law and there should've the valid offer and acceptance and property should be existing and donor should be owner of the property.
revocation of gift by section 126
by mutual agreement
by death of owner if property not accepted
if not a valid consent as per section 13 of contract.
Essential Conditions for a Valid Gift (Section 122, TPA 1882)
A gift is the transfer of certain existing movable or immovable property made voluntarily and without consideration by one person (the donor) to another (the donee) and accepted by or on behalf of the donee.
1. Existence of Property
The property must be in existence at the time of the gift.
Future property cannot be gifted.
2. Transfer Without Consideration
The transfer must be gratuitous — no monetary or other consideration must be involved.
3. Voluntary Consent
The donor must make the gift voluntarily, with free consent.
No coercion, undue influence, fraud, or misrepresentation should be involved.
4. Donor’s Capacity
The donor must be competent to contract:
Must be of sound mind and major (i.e., at least 18 years old).
Must have ownership over the property being gifted.
5. Acceptance by the Donee
The gift must be accepted by the donee (or someone on their behalf) during the lifetime of the donor and while the donor is capable of giving.
If the donee dies before acceptance, the gift becomes void.
6. Mode of Transfer
For immovable property: Gift must be made by a registered instrument, signed by the donor and attested by at least two witnesses.
For movable property: Can be transferred by delivery or by registered document.
Revocation of Gift
A. Revocation by Mutual Agreement (Section 126, TPA)
A gift can be revoked by mutual agreement, provided:
The condition of revocation is agreed at the time of making the gift.
The condition is not illegal or immoral.
Example: A gifts a house to B with a condition that if B marries without A’s consent, the gift will be revoked. If B marries without consent, the gift can be revoked.
B. Revocation for Lack of Free Consent (Voidable Gift)
If the gift was obtained by fraud, coercion, undue influence, or misrepresentation, it can be voided under contract law principles.
C. Revocation Due to Failure of Condition Subsequent
If a condition subsequent (agreed at the time of gift) is not fulfilled, the gift can be revoked.
A gift is defined as a voluntary transfer of property from one person (donor) to another (donee) without any consideration.
Essential Conditions for a Valid Gift under Indian Law:
1. Voluntary Transfer :
The donor must make the gift voluntarily, without coercion, fraud, or undue influence.
2. Without Consideration :
A gift must be made gratuitously, i.e., without any monetary or other valuable consideration.
3. Competency of Donor :
The donor must be competent to contract, i.e., must be of sound mind, major, and not disqualified by law.
4. Existing Property :
The gift must relate to existing movable or immovable property. Future property cannot be gifted.
5. Transfer of Ownership :
There must be a transfer of ownership/title, either through delivery (for movables) or registration (for immovables).
6. Acceptance :
The gift must be accepted by the donee during the lifetime of the donor. If not accepted before the donor’s death, the gift becomes void.
Revocation of Gift under Indian Law :
Under Section 126 of the Transfer of Property Act, a gift once made cannot be revoked except in the following cases:
1. Revocation by Mutual Agreement :
The donor and donee may agree that the gift will be revoked on the happening of a certain event, provided the condition is not illegal or immoral.
2. Revocation for Lack of Free Consent :
A gift can be revoked if it was obtained by:
Coercion , Fraud , Undue influence , Misrepresentation
3. Gift Not Yet Completed :
If the gift has not been accepted, or if the formalities (like registration) are incomplete, it can be revoked before completion.
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