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Three elements are essential in determining whether or not a gift has been made: delivery, donative intent, and acceptance by the donee.
A gift may be revoked only by a mutual agreement on a condition by the donor and the donee, or by rescinding the contract pertaining to such gift. The Donations mortis causa and Hiba are the only two kinds of gifts which do not follow the provisions of the Transfer of Property Act.
A gift is a transfer of personal property, made voluntarily, and without consideration. 1147. A verbal gift is not valid, unless the means of obtaining possession and control of the thing are given, nor, if it is capable of delivery, unless there is an actual or symbolical delivery of the thing to the donee. 1148.
A gift to be valid must be made by a person voluntarily and not under compulsion without any exchange of money. 2....What can be gifted?It must be well defined existing movable or immovable property.It must be transferable.It should exist today and should not be a future property.It should be tangible.
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.
Three elements are essential in determining whether or not a gift has been made: delivery, donative intent, and acceptance by the donee.
The gift should be made without consideration. It should be voluntarily given by the donor. It should be accepted by the donee during his lifetime. If all these conditions are satisfied, it will be a valid gift.
A valid gift requires: (1) a competent donor; (2) an eligible donee; (3) an existing identifiable thing or interest; (4) an intention to donate; (5) delivery; i.e., a transfer of possession to or for the donee and a relinquishment by the donor of ownership, control, and power to revoke (except in gifts mortis causa;
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.
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.