What kind of property can be gifted under Hindu Law?

<span style="color: rgb(0, 0, 0); font-family: Arial; font-size: 13px; line-height: normal; white-space: pre-wrap;">What kind of property can be gifted under Hindu Law?</span><br>

Answer (1)

Team Legistify

  • Sector-1, Noida

A Hindu may dispose of by gift his separate or self acquired property, subject in certain cases to the claims for maintenance of those he is legally bound to maintain. A coparcerner, may dispose of his coparcernary interest by gift subject to the claims of those who are entitled to be maintained by him. A father may by gift dispose of the whole of his property, whether ancestral or self acquired, subject the claims of those he is entitled to be maintained by him. A female may dispose of her stridhana by gift or will, subject in certain cases to the consent of her husband. A widow may in certain cases by gift dispose of a small portion of the property inherited by her from her husband, but she cannot do so by will. The owner of an impartible estate may dispose of the estate by gift or will, unless there is a special custom prohibiting alienation or the tenure is of such a nature that it cannot be alienated. A gift under Hindu law need not be in writing. However, a gift under the law is not valid unless it is accompanied by delivery of possession of the subject of the gift from the donor to the donee. However where physical possession cannot be delivered, it is enough to validate a gift, if the donor has done all that he could do to complete the gift, so as to entitle the donee to obtain possession.

Answered on 28 Sep 2018

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