A gift is the voluntary transfer of property from one person to another. There are two people involved in this transfer of ownership:
I) Donor – The Person who transfers the property.
II) Done – The person to whom the asset is transferred.
The donee must accept the ownership. And he has to accept it during the life of the donor. The gift becomes void if the donee dies before accepting the gift. A gift transaction will only be completed if the donee accepts the gift during the life of the donor.
Who can donate property?
Anyone who is the legitimate owner of a property can make a gift of his property. The gift must be an existing property. It cannot be a future property.
A minor is unable to bargain, so he cannot give a property as a gift. A child’s natural guardian can accept a gift on behalf of the child. This is equivalent to the recognition of the natural guardian of the person appointed as manager for the purpose of donating goods.
In the event that a minor is a donee, if the gift is problematic, he cannot oblige to accept the gift. But afterwards, she has to accept or return the gift.
Registering a Gift of Ownership:
According to section 123 of the Transfer of Ownership Act, it is not valid if a gift of a property is not registered. It cannot assign any title to the donee. All required documents must be stamped and registered. It should be the attestation of two witnesses. A gift of property is not valid without a registration made.
Under Section 126 of the Transfer of Ownership Act, a gift will be revoked if certain conditions are met. The condition must be legal. In this case, the giver and donee must have agreed that the gift will be revoked if certain events occur. Such an event must not depend on the will of the donor.
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