Final Research Project of Family Law- 2

January 31, 2019 | Author: Kumar Mangalam | Category: Property, Consideration, Leasehold Estate, Will And Testament, Deed
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gift under hindu law...

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FINAL FINA L RESEARCH RESE ARCH PROJECT PROJ ECT OF THE TOPIC:-

FAMILY AMILY LAW-2 LAW-2 ON

“gift under indu !"#$ PRESENTE% &Y: - '(MAR MAN)ALAM &*A*LL&+ ,t SEMESTER+ 2nd  YEAR ROLL NO*:- ./ S(&MITTE% TO: - RA0I RANJAN SIR %"te:-

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I am feeling highly elated to work on the topic “ GIFT UNDER Hindu LAW” under the guidance of my FAMILY LAW-2 faculty. I am very grateful to her for her exemplary guidance. I would like to enlighten my readers regarding this topic and I hope I have tried my best to pave the way for bringing more luminosity to this topic.

I also want to thank all of my friends, without whose cooperation this project was not possible. part from all these, I want to give special thanks to the librarian of my university who made every relevant materials regarding to my topic available to me at the time of my busy research work and gave me assistance. nd at last I am very much obliged to the !od who provided me the potential for the rigorous research work.

 "hanking you #umar $angalam %&' (.).*.+.

T"1!e f 3ntent:-

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)"I* -< !Ication, properties that could be gifted. "he most important the comparison between gift under 4indu law and $uslim law. ned as “ man may dispose by gift made in contemplation of death of any movable property which he could dispose of by will. It can be made orally or in writing, but intention to pass the property in the thing given must be clear and the property is actually delivered and accepted by the donee in the donorDs lifetime. J

9 8asudeo, v. )arayan, F/JJ&G = 6ombay /&/ : "his is what the Privy (ouncil thought and laid down, though 4indu *aw recogniHed gift to unborn person. ' $anigavri v. )arandas, F/J%/G /: 6ombay :9' = 6isan v asmaida koer, F/JJ9G ' all :'? FP.(.G J ection /&? of uccession ct, /%2:

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2* ESSENTIALS OF )IFT  T.% /**0in ar% ,.% %""%n,ia*" / a )a*id i/, #1 T.% "ub%&, ma,,%r / ,.% i/, ".u*d b% &a+ab*% /  ,ran"/%r4 %5i",in and &%r,ain6  "he property that has to be gifted must be present at time of gifting it. !ift cannot be transfer for future property. "he property should be certain and not bogus.

2 T.%r% ".u*d b% ,0 +ar,i%"4 in n% "id% ,.% dnr and in ,.%r "id% ,.% dn%%6  gift is void if the donee has not given his acceptance. *egal guardian may accept on behalf of a minor. "he donee is the person who accepts the gift, by or on behalf of a person who is not competent to contract.  minor therefore may be a [email protected] but if the gift is onerous, the obligation cannot be enforced against him while he is a minor. 6ut when he attains majority he must either accept the burden or return the gift. "he donee must not be an ascertainable person and be a donee under this [email protected] nor can a gift be made to an unregistered society.

3 T.% dnr mu", b% &a+ab*% / i/,in ,.% +r+%r,y  "he person must have competency to make contract, is capable of  becoming a donor and he can make gift.  minor, being incompetent to contract is incompetent to transfer, and a gift by the minor would therefore be void trustees cannot make a gift out of trust property unless authoriHed by the terms of the contract. -n behalf of a minor, a natural guardian can accept a gift containing a condition that the person nominated in the gift deed shall act as a manager of the gifted property. uch acceptance would amount to recognition by

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the natural guardian of the nominated person as the manager or the agent of minor for the purpose of such property.

' T.% i/, ".u*d b% mad% 0i,.u, any &n"id%ra,in and )*un,ari*y6 F GIFT UNDER MU$LIM LAW @i Prin&i+*% / Mu".a

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 "he word $usha means Lundivided partD or share, a common building or land. "he gift of an undivided share in any property which does not admit of partition is valid. n unde>ned share in a small house or a small bath is mentioned as cases of $usha a gift of which would be valid.

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