CALL FOR PAPERSVolume 2Issue 4Submit Research
Property Law/Civil ProcedureResearch ArticleOPEN ACCESSPEER REVIEWED

Gifts As A Mode Of Property Transfer In India: A Comparative Analysis Of The Transfer Of Property Act And Muslim Law

Volume
2
Issue
4
Pages
1–35
Published
Sep 2026
0
0
0
PDF Preview1–35
Loading preview…

Abstract

In India, a gift is an important mode of property transfer, enabling an individual to transfer ownership voluntarily without consideration. The legal framework of gifts in India is governed by a dual system, one under the Transfer of Property Act, 1882, and the other under Muslim personal laws. While both regimes recognise the validity of gratuitous transfers, they differ significantly in terms of essential requirements, formalities, and evidentiary standards. The Transfer of Property Act mandates compliance with statutory formalities such as written instruments and registration for the validity of gifts of immovable property, whereas Muslim law places greater emphasis on intention, acceptance, and delivery of possession, often dispensing with formal documentation. The author conducts a comparative analysis of gifts as a mode of property transfer under the Transfer of Property Act and Muslim law. The paper explores the conceptual foundations, key elements, and legal consequences of gifts under both legal systems, with particular focus on judicial interpretations by Indian courts. The study emphasises the doctrinal differences and practical challenges resulting from the coexistence of statutory and personal law frameworks, which often lead to legal uncertainty and litigation. By critically analysing statutory provisions, personal law principles, and relevant case law, the paper aims to assess whether the current legal framework adequately balances legal certainty with respect for personal law autonomy. The study also underscores the need for greater clarity and consistency to promote fair and predictable outcomes in gift-related property disputes in India.

Authors
TM
Tamanna Mundlia
KG
Kratika Gupta
Keywords
Transfer of Property ActMuslim lawgiftproperty transferlegal certainty
References
No references listed.

Related Research