CHANKYA NATIONAL LAW

UNIVERSITY

ROUGH DRAFT

TOPIC : REVOCATION OF GIFT

Submitted To: Submitted By:

DR. P.K.V. Sita Rama Rao Swati Kumari

(Assistant Professor Law) Roll No.-1571

Semester- 3rd

Session- 2016-21
INTRODUCTION
A gift, in the law of property, is the voluntary transfer of property from one person
(the donor or grantor) to another (the donee or grantee) without full
valuable consideration. According to section 122 of the Transfer of Property Act,
1882 gift is defined as the transfer of certain existing movable or immovable
property made voluntarily and without consideration, by one person, called the
donor, to another, called the donee, and accepted by or on behalf of the donee.Such
acceptance may be made during the lifetime of of the donor and while he is still
capable of giving. If the donee dies before the acceptance, the gift is void.
It is the transfer of ownership without cosideration and a transfer without
consideration is called a gratuitous transfer may take place between two living
persons or, it may take place only after the death of the transferor. Gift may
therefore be either inter vivos or, testamentary.
There are some essentials of a valid gift. These are given below:
 There must be a transfer of ownership.
 The property must be existing property.
 Transfer is without consideration.
 The transfer is made voluntarily, i.e., with free consent.
Like other transfers, gift too can be made subject to certain conditions. Donor may
make a gift subject to a condition of its being suspended or revoked. Section 126
of the Transfer of Property provides for conditions when a gift may be suspended
or revoked. This section lays down two methods of revocation of gift:
 Revocation by mutual agreement- The donor and donee may agree that on
the happening of any specified event which does not depend on the will of
the donor a gift shall be suspended or revoked. The condition revoking the
gift must be express, it should not be merely in the form of a wish or desire.
 Revocation by rescission as in case of contracts- Gift is gratuitous transfer of
ownership made voluntarily. If it could be proved that the gift was not made
voluntarily that is the consent of the donor was not free, gift must be
revoked.
AIMS AND OBJECTIVES

The researcher intents to find out the following:

 To do an analytical study of Section 122 and Section 126 of Transfer Of
Property Act, 1882.
 To study gift and its essentials.
 Revocation of gift under different laws.

HYPOTHESIS

The researcher has formulated following hypothesis, the validity of which will be
tested in course of research work:
 Section 126 of Transfer Of Property Act, 1882 is very clear and elaborative
upon the manner in which gifts can be revoked or suspended.

TENTATIVE CHAPTERIZATION

Chapter-1----------------------------------------------Introduction
Chapter-2----------------------------------------------Gift
Chapter-3----------------------------------------------Essentials Of Gift
Chapter-4----------------------------------------------Suspension or Revocation of Gift
 Modes of Revocation
Chapter-5----------------------------------------------Suspension or Revocation of gift
under Mohammedan Law
Chapter-6-----------------------------------------------Case Laws
Chapter-7-----------------------------------------------Conclusion

BIBLIOGRAPHY

Dr. R. K. Sinha, The Transfer Of Property Act, Central Law Agency 1994.

Dr. S.N. Shukla, The Transfer Of Property Act, Allahabad Law Agency, twenty
ninth edition: 2015.

Dr. Poonam Pradhan Saxena, Property Law, Lexis Nexis.