In what way has the Hindu Law of Gifts been abrogated by the Transfer of Property Act ? Ans. Abrogation of Hindu Law of gift by Transfer of Property Act.— A gift under.pure Hindu Law is not complete unless it is accompanied by delivery of possession even though it is made by a registered instrument. Unless possession is delivered, no title will pass to the donee. Where physical possession cannot be delivered of it and if the donor has done all that he could do to complete the gift as to entitle the donee to obtain possession. Effect of T.P. Act.—Where, however, the T.P. Act is in force, delivery of possession is no longer necessary to complete a gift, nor is a mere delivery sufficient to constitute a gift, except in the case of movable property, For the purpose of making a gift of immovable property, the transfer must be effected by a registered instrument signed of off behalf of the donor, and attested by at least two witnesses”. For the purpose of making a gift of movable property, the transfer must be effected by a registered instrument signed by or on behalf of the donor, and attested by and signed as aforesaid or by delivery. Such delivery may be made in the same way as goods sold may be delivered”. (Sec. 123 T.P. Act). But the Act does not dispense with the acceptance of gift as is clear from S. 122 T.P.Act. Gift is the transfer of certain existing movable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee, and accepted by or on behalf of the donee”. Such acceptance must be during the lifetime of the donor, and while he is still capablepf giving. If the donee dies before acceptance, the gift is void.

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