Ishaan Deepak Joshi, MIT-WPU Faculty of Law
ABSTRACT
When there is a transfer of ownership of an existing property, either immovable or movable without any consideration, such transfer is called a ‘gift’ as per Section 122 of the Transfer of Property Act, 1882. The true essence of such a transfer of property’s ownership to another person is the feature of it being gratuitous and voluntary in nature. Sir William Blackstone in 1753, while comparing grants and gifts stated that “Grants are always upon some kind of consideration or an equivalent of consideration, while gratuity is the key characteristic of a Gift. A Gift can be per se testamentary, meaning it to operative only upon the demise of the testator or transferee i.e., a will or it could be an inter vivos gift, i.e., between two or more living persons. This research article analyzes the Various legal provisions pertaining to transfer of gifts in India through the lens of Sections 122 to 129 of the Transfer of Property Act, 1882. Through various landmark case laws, the article aims to set out the rules and principles that each section provides by considering overlapping cases and exceptions.
