What property and by whom could be disposed of by way of a gift under the Hindu Law ?
Ans. (a) Mitakshara.—
(1). A Hindu, whether separate or member of joint Hindu family, may dispose of by gift his separate or self-acquired property subjected to the claims of persons entitled to be maintained by him.
(2) A co-percener may make a gift of his undivided interest with the consent of other coparceners, subject to similar claim.
(3) A father, however, may make within reasonable limits gifts of ancestral movable property even without the consent of his sons for the purposes of performing indispensible acts of duty, or purposes prescribed by texts as pious, e.g.. gifts through affection, support of the family, relief of the poor and the like. A Hindu or other managing member may make a gift within reasonable limits of ancestral immovable property for pious purposes.
(4) A female may dispose of the Stridhana by gift subject in certain case with the consent of her husband.
(5) A widow may dispose of a small portion of the property inherited by her from her husband by gift (but not by will to her daughter on the occasion of her marriage or Gauna ceremony, also to her son-in-law on the occasion of her daughter’s marriage). A widow governed by the Mai ukha Law, however, may dispose of the whole of the movable property inherited by her in anyway she please by an act inter vivos.
(6) The owner of an impartible estate may dispose of it by gift, unless there is a special custom prohibiting alienation (5) the tenure is of inalienable notion. (Sariaj v. Deo Raj, 1 I. A. 51).
(b) Dayabhaga Law.—
(1)A Hindu whether separate or a member of joint Hindu family, may dispose of h is separate or coparcenary property by gift subject to the claims of those whom he is bound to maintain.
(2) A father may dispose of by gift the whole of his property ancestral or self-acquired, subject to similar claims.
(3) A female may dispose of her Siridhaha by a gift independently.
(4) A widow may make gift in certain cases of a small portion of the property inherited by her.