PROPERTY LAW & SUCCESSION
Gifts and Wills under Hindu Law
Topic Overview
5. Gifts and Wills
5. Gifts and Wills
| Basis | Gift | Will |
|---|---|---|
| Meaning | Transfer of property made during the lifetime of the donor without consideration. | Declaration of how property will be distributed after the death of the testator. |
| When it takes effect | Immediately after the gift is made and accepted. | Only after the death of the testator. |
| Law | Governed by the Transfer of Property Act, 1882. | Governed by the Indian Succession Act, 1925 and Section 30 of the Hindu Succession Act, 1956 (for Hindus). |
| Consideration | No consideration (gratuitous transfer). | No consideration. |
| Acceptance | Must be accepted by the donee during the donor's lifetime. | No acceptance is required during the testator's lifetime. |
| Registration | Registration is generally mandatory for immovable property. | Registration is optional (a valid unregistered will is generally enforceable if legal requirements are met). |
| Revocation | Generally cannot be revoked once validly made, except in limited cases allowed by law. | Can be revoked or changed at any time before the testator's death. |
| Ownership | Ownership passes immediately to the donee. | Ownership passes only after the testator dies. |
| Witnesses | Depends on the nature of the gift and applicable law. | A will must generally be attested by two witnesses. |
Trick to Remember
| Gift | Will |
|---|---|
| Alive | After Death |
| Immediate transfer | Future transfer |
| Usually irrevocable | Revocable anytime before death |
| Acceptance required | No acceptance required |
Example
- Gift: A gives his house to B today by a registered gift deed. B becomes the owner immediately.
- Will: A writes a will stating that B will get the house after A's death. A remains the owner during his lifetime, and B gets the house only after A dies.