Question

Which of the following is a condition for a valid gift under the Transfer of Property Act, 1882?

• A. Acceptance by the donee after the donor's death.
• B. Delivery of possession or right to possession.
• C. Registration of the gift deed with the local authority.
• D. Payment of consideration by the donee.

Hint:

The essentials of a valid gift are: a voluntary transfer without payment, and acceptance by the recipient before the giver dies. How the transfer is made (delivery or registration) depends on whether the property is movable or immovable.

Answer 1

The Correct Option is B

Section 122 of the Transfer of Property Act defines a 'gift' and its essentials. A valid gift requires: (1) a transfer of ownership, (2) of existing property, (3) made voluntarily and without consideration, and (4) accepted by the donee *during the lifetime of the donor*. \[\begin{array}{rl} \bullet & \text{(A) is incorrect; acceptance must be before the donor's death.} \\ \bullet & \text{(D) is incorrect; a gift must be without consideration.} \\ \bullet & \text{(C) Registration is the required *mode of transfer* for a gift of immovable property (under S.123), but not a universal condition for all gifts (e.g., movable property).} \\ \bullet & \text{(B) The transfer of ownership, which is completed by delivery of possession (for movable property) or registration (for immovable property), is a core component.} \\ \end{array}\]