What are the different Ingredients of Gift under Hindu Law?
(3) Property of gift,
The person who makes a gift in the property is referred to as donor. He should be of sound mind and major. He should possess die right to make the gift i.e., he must have absolute ownership over the subject matter of gift.
The person who receives the gift is referred to as donee. The gift is completed by the acceptance of the donee. He must be in existence. He can even be an incapacitated person, however in that case someone else should accept the gift on his behalf.
3. Subject Matter of Gift:
Following properties can be validly and legally gifted to a person—
(1) Separate or self acquired property, whether governed by Mitakshara or Dayabhag.
(3) Impartible estate if not prohibited by custom.
(4) Coparcenary interest under Dayabhag.
(5) Whole of the ancestral property by the father in Dayabhag.
(6) Any part of the property received by a Hindu widow in inheritance, which can be given by her to her daughter or son-in-law at the time of marriage.
(7) Movable properties inherited by a widow under Mayukhavidhi.
There is difference of opinion between Dayabhag and Mitakshara with respect to the necessity of acceptance for a gift. Under Mitakshara law the acceptance is must for the completions of a gift whereas it is not so under Dayabhag.
Possession of the property was treated necessary to be transferred to the donee. With respect to movable properties, the transfer of possession to the donee was sufficient. But for immovable, Vijnaneshwara has dealt with some special formalities for a valid gift.
He has emphasised the need of consent of villagers, relatives, neighbours and heirs and gold and water for the gift of property (land). In this way the consent of the persons of these categories was necessary from several angles. If any person of the above category raised any objection to the gift he could get it decided in a court of law in his favour.