Rish Raj Deswal & Priyanshu, University School of Law & Legal Studies, Guru Gobind Singh Indraprastha University
ABSTRACT
This research paper presents a comparative study of gifts under Islamic law and the Transfer of Property Act (TPA) in the Indian perspective. The aim is to analyze the legal frameworks governing gifts and explore the implications of social, cultural, and religious considerations on their treatment. The study examines the requirements for a valid gift, acceptance, revocability, and registration processes under Islamic law and the TPA. It highlights the influence of cultural norms, religious beliefs, and family dynamics on gift- giving practices. The findings reveal differences in legal approaches and raise important questions about the harmonization of legal systems with cultural and religious values. The implications for legal practice emphasize the need for legal practitioners to be well-versed in the specific requirements of each system. Additionally, the paper identifies areas for future research, such as the implementation and enforcement challenges of gift laws, the impact on inheritance and property rights, and the role of gender and social equality in gift transactions. The study contributes to the understanding of gift laws in the Indian context, promoting a more nuanced and comprehensive approach to their treatment within diverse legal systems.
