cover image: The Law of Gift in British India

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20.500.12592/5jhx8x

The Law of Gift in British India

1924

He says that the argument of Jimuta to the effect that if acceptance were necessary the acceptor would have been the donor is fallacious because gift being an act whereof the effect is the generation of another's right the term 'gift' implies the act of transference by the donor ;11 favour of and acceptance by the donee but the production of that effect is not possible without the acceptance b [...] This is so in the absence of knowledge of the prior or posterior date of the two ; in case of knowledge of the prior and posterior time the title of the prior date alone prevails." It must be observed first of all that the writer is dealing with the question of priority of title between two persons and the topic of gift has incidentally come in ; secondly the proposition which is here laid d [...] The transfer of ownership " he says "is the result of the manifestation of intetion on the part of the transferor to part with the ownership in presenti in favour of 'another who thereupon accepts the situation agrees to become the owner and does by the continued effect of renuncition (tyaga) on the one hand and apprpriation on the other become the owner. [...] What is laid dowj in the Hindu Law is this that to constitute a valid gift there must be acceptance by the donee and one of the modes of acceptance in gift of the movable property is delivery of possession on the part of the donor and receipt of possession by the donee. [...] The Transfer of Property Act extended to the whole of British India except the territories respectively administered by the Governor of Bombay in Council the Lieutenant-Governor of the Punjab and the Chief Commissioner of Burma.
law
Pages
199
Published in
India
SARF Document ID
sarf.143310
Segment Pages Author Actions
Frontmatter
i-xxiii Bimabl Law view
Part I The Law of Gift as Applicable to Hindus
1-89 unknown view
Part II The Law of Gift as Applicable to Mahammadans
90-137 unknown view
Part III The Law of Gift as Contained in the T. P. Act
138-154 unknown view
Appendices
155-168 unknown view
Index
169-176 unknown view

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