Indiana Declaration of Gift with Signed Acceptance by Donee
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How to fill out Declaration Of Gift With Signed Acceptance By Donee?
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FAQ
If the recipient wants to give the gift away or donate it to charity, the law says that this is just fine. The only time someone can ask for a gift back is if the gift was given in exchange for a promise. This is known as a conditional gift. An example of a conditional gift is an engagement ring.
A gift, if valid, is a legally enforceable transfer under general contract law. That means, if a gift meets all of the legal elements of a valid gift, then the gift is enforceable and cannot generally be rescinded and revoked.
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.
Section 122 of Transfer of Property Act defines a gift as the transfer of an existing moveable or immovable property. Such transfers must be made voluntarily and without consideration. The transferor is known as the donor and the transferee is called the donee. The gift must be accepted by the donee.
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.
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.
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.
Both types of gifts share three elements which must be met in order for the gift to be legally effective: donative intent (the intention of the donor to give the gift to the donee), the delivery of the gift to the donee, and the acceptance of the gift.
Incorporate guidelines for all types, forms, and purposes of gifts. As pertinent, include language about charitable bequests, specific endowments, naming opportunities, and any dollar limits and pledge restrictions. If you'll accept trusts, indicate whether your organization is willing to serve as a trustee.
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.
