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Guidelines say no gifts can be solicited, and only gifts of minimal value, such as inexpensive cups or pens, can be accepted. Gifts such as fruit baskets are to be shared with a work group or donated.
According to The Transfer of Property Act, 1882, acceptance of gift must be made by the donee during the lifetime of the donor and while the donor is still capable of giving the gift. If the donee dies before accepting the gift, then it is void.
Acceptance of a gift by the donee can be done anytime during the lifetime of the donor. . Section 123 provides that for a gift of immovable property to be valid, the transfer must be effectuated by means of a registered instrument bearing the signature of the donor and attested by at least two witnesses."
A donee may also be a person who is unable to express acceptance. A gift can be made to a child and could be accepted on the child's behalf. The donee must be an ascertainable person. A gift involves the process of giving and taking which are two simultaneous and reciprocal acts.
You may accept a gift given under circumstances that make it clear that the gift is motivated by a family relationship or personal friendship rather than your official position.
Registration of Gift DeedThe donor and donee should sign on all pages of the gift deed and must be attested by at least two witnesses. The donee must accept the gift in the lifetime of the donor and when the donor is of sound mind for it to be valid.
Acceptance The final requirement for a valid gift is acceptance, which means that the donee unconditionally agrees to take the gift. It is necessary for the donee to agree at the same time the delivery is made. The gift can, however, be revoked at any time prior to acceptance.
A Gift Affidavit is a legal document used to prove that an item was given to someone as a gift. In a Gift Affidavit form, the person giving the gift (known as the donor) swears that an item is being gifted to the recipient (known as the donee) and that no payment is expected in return.
The three elements which are essential to the making of a valid gift are delivery, donative intent, and acceptance by the donee. The delivery of a gift is complete when it is made directly to the donee. Delivery can also be made to a third party on behalf of the donee.