A Study of the Provision of Gift under the Transfer of Property Act,1882

The concept of gift constitutes an important mode of voluntary transfer of property under the Transfer of Property Act, 1882. Governed primarily by Sections 122 to 129 of the Act, a gift involves the transfer of existing movable or immovable property by one person, known as the donor, to another, known as the donee, without consideration and with free consent. This study examines the legal framework governing gifts in India, focusing on the essential elements of a valid gift, the rights and obligations of donors and donees, the modes of transfer, and the circumstances under which gifts may be revoked. Employing a doctrinal research methodology based on statutory provisions, judicial precedents, and scholarly literature, the paper analyzes key legal requirements such as competency of parties, voluntary transfer, acceptance by the donee, and registration requirements for immovable property. The study further explores special categories of gifts, including onerous gifts, gifts of future property, actionable claims, and exceptions such as gifts made in contemplation of death and gifts governed by Muslim personal law (Hiba). Through an examination of significant judicial decisions, the paper highlights the practical application of gift-related provisions and the safeguards provided under the law to ensure valid and enforceable transfers. The study concludes that the Transfer of Property Act, 1882 establishes a comprehensive legal framework that balances the interests of donors and donees while promoting certainty, transparency, and fairness in property transactions.