 slightly, you will have to shift towards the center. And then we start here. Good evening. After a long time, we have seen that Justice Rama Krishnan, a former judge from Kerala High Court, and a member of the National Tribunal, NGT, has joined us to share his knowledge. Though he had been participating in a lot of our webinars, but it was always a request to him that he should share his legal knowledge on various perspectives of law. Therefore, we have taken one of the topics, which is widely discussed, but we have not discussed much on our webinars, that is kept in general under the Transfer of Property Act, section 122 and 123. Being a Sunday, I will not take much time. I will straight away ask sir to share his knowledge. What do you say? Thank you very much. Good evening everyone. It appears that being a Sunday, the audience also listed appears one. Secondly, the topic appears to be on a civil law, always a boring one, especially the Transfer of Property Act. It is very difficult to understand even for a person who is reading it and also to explain it. Anyhow, when I asked Vigas as to what is the subject he wants, he said any civil law. Then when I asked about the specific subject, he said anything under the TPAGT or contract act. Contract act, I am not very confident of taking it at now because unless you go through it thoroughly, you may not be able to teach. Probably as a judge or as a lawyer, you can do something. But when you come as a teacher, you must have something more to explain and also to the expectation of the participants also. Then I thought that I can go for gift. Gift when I said that it will be easy for us to do it. But when you probe into the subject, I find it, in fact, it is very difficult to confine the NDAs chapter 7 of the Transfer of Property Act within a day or within one hour. So I thought that we can confine to the general principles of gift and how it can be made. That is how we selected this object as the general principles under the Transfer of Property Act and the gift in general, especially confined to section 122 and 123 alone because I am not going into other aspects, though I may explain what chapter 7 says about a gift and how it dealt with it. As you know, Transfer of Property Act deals with almost all transverse of interest in the immobile property with conditions, without conditions and how it can be done, what is the nature of conditions that can be imposed and whatever it is imposed, how far it can be enforceable and all those things are being dealt with under the provisions of the Transfer of Property Act. It deals with generally six or seven types of transfer, that is sale, mortgage, lease, exchange, then the gift and transfer of actionable claim. In the gift itself, you can discuss about the various aspects as to what is the difference between gift and will, what is the difference between gift and a grant and what is the difference between other transfers and the gift. These are all the areas where we can generally cover because the decisions when I go through all the old books, the commentaries, if you find that you will see only the Indian cases or the Privy Council or something like that. So, we will go only with the general principles. It is not to go into the deep into the subjects as such. We will get, I think that Vigas can give an opportunity to have a discuss on other part of the gift in another class, so that we can combine at that time the legal positions and also because if you go through the Act, the Chapter 7, all these are interconnected. The decisions are interchangeable in one section to another section. So, if you go through the decisions and then discuss the gift as such now, then I do not think that we will be able to finish it within the timeframe of one hour. So, I think that it is better. We will do it that way, we will do it that way rather than rushing. We will confine to section 122 and 123 of the transfer practice. I will just clarify on the YouTube it is doing well. Okay. Section 122 of the TPAG defines gift. Section 123 deals with the mode of effecting gift. Section 124 deals with the gift in respect of existing and future property and what is its effect. Section 125 deals with the gift to several persons to whom one does not want to accept it and what is the effect of that transfer. Section 126 deals with the revocation and suspension of the gift. Section 127 deals with the owner's gift and 128 deals with the universal donate. And section 129 deals with some saving classes in respect of gift or gift of movable properties and movable gift. This is the that is in contamination of debt. That is we can say that 129 deals with the exemption of the provisions of section 123 of registration in respect of gift made in respect of movable properties that too at the and contamination of debt. That is I am going to die. So, I want to do something in respect of my immobile properties not in respect of movable properties the movable properties and generally the Muhammadan law gift because as you know that as far as the Muhammadan law is concerned oral gift is permissible. But say the if I go through section 122 you can be seen that even if a Muhammadan wants to make a gift in writing then the provisions of the registration act and 122 of the transfer of property act will come into play. This is how the gift is being dealt with under section under chapter 7 of the transfer of property act. Let us generally consider the definition of gift under section 122 of the transfer of property act. Section 122 the TP act reads as follows. Gift defined. Gift is a transfer of certain existing movable or removable property made voluntarily and without consideration by one person called Doni donor to another person called Doni and accepted by around view of the Doni. It is also mentioned as how the acceptance can be made. Such acceptance must be made during the lifetime of the donor and while he is capable of giving. If the Doni dies before accepting the gift the gift is void. Then section 123 says transfer how to be made. For the purpose of making a gift of a movable property the transfer must be effected by a registered document signed by or on behalf of the donor and tested by at least two or more witnesses. As regards the movable properties are concerned the transfer may be effected either by a registered document signed as aforesaid or by delivery. Such a delivery must be made in the same way as goods sold may be delivered. So this is a way in which section 122 and 123 of the transfer of property act deals with the general provisions of gift and the how it can be made. Let us consider because each word in the word for section 122 is more important as regards the gift is concerned. The ingredients of the gift are one. The it may be it is a transfer of a certain existing movable or movable property that is either movable or movable property can be gifted. It must be certain that is it must be presently available for gift. Otherwise it is not possible because section section 6 of the transfer of property act says which are all the property that can be transferred and which and which in exception says which are all the property they cannot be transferred. We can say that the words in section 6 is deal couch it in such a way that what are all the property that cannot be gifted or that cannot be transferred under the transfer of property act. So gift is a transfer of a certain existing movable or remote property made voluntarily and without consideration that is it must be a voluntarily it must be made by free will. It is not actuated by initiated by any negotiating circumstances which are capable of the resenting a contract under the contract act. That means undue influence, coercion, mistake, misrepresentation, fraud all these things would also come into effect that all it must be free from all these negotiating circumstances and it must be voluntarily done by the person without consideration that means it is a gratuitous transfer. No consideration in either form either in the name of money or of a compensation the form of a compensation it cannot be possible. The person who is making the gift is called the donor and the person to whom it is made is the donor and it must be accepted by or on behalf of the donor. So it can be possible, donor himself can accept it or on behalf of the donor some other person also authorized by him can be to accept the gift also can be possible. But in the case of a person who is incapable of acceptance that is with a disability, minor, insane person, idle all these cases also the gift can be accepted by a person other than the actual donor because they are not capable of accepting it. They are incapable under law to accept the gift. So in such circumstances on there we have somebody authorized can accept it then also the gift is valid. Then acceptance must be made on behalf of the at the time of the life of the donor during the life from the donor and when he was capable of giving it that if suppose he is incapable due to some legal informity because he became an insane person or he became an insolvent before the gift is affected then there is a there is an incapacity on his part. So if the gift is not accepted before the death of the donor or when he is not capable of doing it then at both time both time the gift is not valid because it has not been completed. If the donor dies before acceptance then also gift is void because donor must also accept this before his death it cannot on his behalf somebody else cannot do it. During his lifetime as authorized somebody can do it but after his death there is no person and I would inherit the right of acceptance or it can the acceptance cannot be inherited by him so as to complete the gift after his death. So once the gift is not accepted before his death then the gift is void. So it is very clear from this that it must be an existing property the gift must be in presentee because you cannot you cannot have a future property or which you can you are going to get in future to be transferred in favor of a person or a group of person which we are capable of certain for the purpose of accepting the gift so that is not possible. If it is having some consideration in any form then also it is not a gift it cannot be termed as a gift it is some other document coming under the provisions of the transfer property act. These are all the main ingredients of for the further in some in the case of a Mohammedan gift only three ingredients one is dedication and a declaration by the donor that I am going to give the property whether movable or movable to a particular person it must be accepted by the acceptance must be made by the person to in whose favor it has been done and it must be delivered the property the possession of the property must be given to them it must be possession must be delivered to them unless these three things are satisfied a Mohammedan gift cannot be said to be complete so in the case of a gift under the TP act possession as such is not necessarily be given because you can infer that the possession has been given for suppose he is in already in possession of the property in some some capacity but it is being gifted by delivering the property by affecting a registered document and attested by two witnesses more than at least by two witnesses then the gift is complete so you can it can be either expressed or by implied implied delivery or possession can be taken then section 123 deals with how the gift can be made that is in the case of an immobile property it can be affected by a registered document signed by the donor or on his behalf that is an attorney authorized by the donor also can execute a document on behalf of the donor affected by a registered document signed by the donor or by on his behalf and attested by at least two witnesses so it must be attested at least with two witnesses minimum two witnesses must be there or completing the execution of the document and completion of the gift in the case of an immobile property it can be affected either by a registered document or by delivery of the property if they in the case of a movable if the party wants it will not be done by a registered document it can be the property to be gifted can be enlisted and as in the case of a immobile property all the ingredients will have to be mentioned that he is going to transfer the property in favor of the person without consideration and he is divesting the right in the property in favor of the donor immediately it will not it is not being postponed to a future date or contingent contingent contingent also sometimes acceptable but it cannot be beyond the period of the donor's period it cannot be postponed you will be in the lifetime you will have to it will not be done and without any restriction respect and enjoyment of the property or by delivery of the property or movable property that movable property how the delivery can be affected also mentioned suppose in a case where you are delivering goods how it can be done it can be by delivery by delivering the property by handing over the movable property some the person in whose favor it is being done so that is how it is being done so in the case of the movable property it can be either by registered document or by delivery of the property and the delivery can be made as if in the case of a goods how the delivery will be affected so these are all the way in which the document will have to be done suppose if the registration is not there if it is not attested by two witnesses then it will be void it is not the gift is not complete also one other aspect is also there if you go through the provisions of the tp act and the transfer of the registration act the registration act also says that gift can be made by a registered document but if it come to other other testament non-tested documents it says if it is an immobile property the registration is compulsory only if the value of the property is more than 100 rupees but as a because the gift is concerned there is no subtraction so if your gift has been made even if the value is less than 100 rupees it must be only by a registered document so it is clear from the wordings of section 123 that gift is a compulsorily registrable document second it must be compulsorily attested by at least more than at least two witnesses not less than two witnesses unless it is both things are complied with it cannot be said that the gift is complete even if you execute the document if it is not registered but if you hand over the executed document to the person after completing all those things registration is postponed to some other date once the registration is completed the gift will become it will give it will take effect from the date on which the execution is made because you are getting the right in the property because you already made all the necessary ingredients which can contemplate a gift then the registration because if it is not registered the whole difficult whole embargo is that you will not get a title to the property unless it is registered the title to the property will not be conveyed to the other person you cannot claim title to the property on the basis of the gift so the validity of the gift has been explained by the apex court in illethe valapil ammu ammu died elas versus kunyambu karnover 2020 18 scc 317 all the ingredients of the gift has been mentioned therein what are all the things to be done and what are the circumstances the gift can be valid all those things were mentioned therein mode of gift mode of acceptance also mentioned in the decision reported in ar 2022 sc 678 k7 others versus gian chen and others so that was a case where a mother executed a gift in favor of minor you are muba correct in favor of minor and the minor was the the gift was accepted when mother herself and she was in possession of the property during the minority of the godoni after sometime all other things were completed because gift was executed attested by two witnesses the it was registered there was a condition raised that there was no acceptance by the minor but the supreme court said in such cases normally the acceptance will have to be implied from the circumstances contact to the parties unless the contrary is proved then it can be presumed that gift has been accepted on behalf of the doni by the guardian herself the same aspect has been considered in 2004 one acc 581 balakrishnan versus kamalam as well these are all the areas where the validity the gift ingredients to be proved for the purpose of accept the making the gift a valid document and how the gift can be made and what are all the circumstances you can call the gift in question and if at all if it is done whether that can be what you call that what can be effectively challenged and it can be accepted by the courts see then we will consider the difference between gift and the will will is also in the form of a gift transferring the right of the testator in favor of the propounder in respect of the properties which is having and he is likely to get also the difference between gift and will is that gift is coming to effect immediately because the right of enjoyment or wastage of right is not postponed but as in the case of a will it is postponed during the life term of the until the death of the person who is executing the will suppose in a though the wording in the document is made as a gift but ultimately on going through the recitals in the document if one can understand that what was indented by the person executing the document was that it is not immediate diversity of the right of the property right in the property in favor of the person in whose favor the document was executed but it will take effect only on his death one then the right of revocation of the document is also reserved in the document itself once it is reserved that he can revoke the document revoke the document during his lifetime then it is not a gift it is a will so the further in the case of a will it is not always necessarily to be a registered document but it must be attested by witnesses the proof of the will as well as the gift can be done on the basis of the provisions provided under section 68 and 69 of the transfer of property act by examining one of the attested witnesses to the document calling upon them to prove the execution of the document and attestation attestation is as provided under section three of the transfer of property act that the document must be executed and signed by the executed in the presence of the witnesses and developed technology the technology the signing of the document by the witness once you you cannot get the document signed by the attesters and thereafter get it done but the document to be executed so it cannot be said that it's a valid acceptance the attestation in such cases the acceptance the the attesting cannot be said to be proper and the document cannot be said it was properly executed and it is a gift is void then the question will be in the case of a will you can bequeath the property in existence also in future future property because all the properties which are in in your in your possession now and also property be acquired in your name till the date of your death whatever property that is in your possession or enjoyed by you till your death can be transferred by by virtue of the will but only thing is that you will come in effect only after the death so till the death whatever property you acquire whatever property you intend to convey can be done in the case of a will but in the case of a gift that is not possible merely because a will was registered will not change the character of the will if the condenser the documents are otherwise so it is very clear that and also accepted by the legal principles that the nomenclature of the document is not a criteria for the purpose of ascertaining the nature of the document but the court will have to consider the the recitals in the document as a whole because you cannot pick one and the other you have to consider the entire document as a whole and thereafter consider the intention of the executor as to what is the nature of the document he intended to convey or what is the nature of right he intended to convey and what is the nature of the conveyance that he wanted to do whether it is a will or a gift so the entire thing will not be considered for the purpose of considering the nature of the document or nature of the right that has been created by virtue of the document further in the case of a gift the court's duty is only to consider the recitals in the document to find out the intention of the den intention of the donor has what was indented by him to be gifted there is he cannot the court cannot go beyond that because there is a restriction on the person for purpose of substituting its findings in respect of ascertaining nature of the gift that nature of the property that has been gifted by virtue of the provisions of the by virtue of the document but in the case of a will the the court can sit in the arms chair of the testator to find out all methods to reconcile the inconsistencies in the document as to whether what was really intended by the testator for the purpose of indicating the property in favor of the proponent so it can go beyond the recitals also to some extent unless it is not possible for the court to reconcile them then only the court can say it is irreconcilable whether it is valid or not valid whether that right has been divested or not divested but as far as a gift is concerned you will have to confine to the recitals in the document for the purpose of ascertaining the ascertaining the intention of the party who executed the document that as in the case of will court can sit in the arms chair of the testator to find out what was what was indented by him because he will not be available for considering these things court will have to go beyond that and find out what was real intention of the person who executed executed executed the document and what was the nature of right he wanted to gift or transfer and all those things can be considered by the court attending circumstances contact of the parties the relationship between the parties all those things and gone into by the court for the purpose of ascertaining the nature of the document in the case of will but in the case of the gift it will be confined to the recitals in the document alone and in the case of will it is always revocable during the lifetime of the lifetime of the testator till the last date he can revoke it and he can execute as many documents as can possible for the purpose of he can make the changes but in the case of a gift once it is completed and is accepted by the donor then revocation is not possible except as provided under section 129 126 of the transfer of property act suppose there was a condition where that can be suspended or revoked which is not within the power of the donor if it is within the power of the donor it is not possible and it is accepted by the donor both must be there then it can be possible and otherwise normally a gift can be revoked or cancelled only if it is possible for the donor to prove the officiating circumstances as in the case of a contract how you can present the contract otherwise it is not possible and the burden is heavy on the person who is challenging the gift saying that it has it has not been executed or it is not acted upon because court will normally when a document is registered and the primary prima facie things have been established by the donor that it has been delivered I have accepted it then the presumption goes in favor of the gift and these are all the basic difference between will and the gift in the case of a sale sale is also a transfer it is also by it is not cannot be said to be it must be free will is must be there for the purpose of gift because all contract if it is not by free will it is it will be said to be initiated but it is not a gratidious transfer it is for consideration and in the case of sale it is also immediate but in the case of a sale of a immoral property the value must be more than 100 rupees if it is less than 100 rupees it is not mandatory that it must be a registered document but in the case of a gift value is immaterial once you want to make a gift it must be only by a registered document in the case of a grant grant is also as far as possible it is a form of a gift it is also a transfer of some interest or creating some interest in a particular way not as in the case of a gift in the case of a grant if it is any interest is created in the property then it can be only by a registered document suppose you are giving a purpose for the purpose of enjoyment of the use surface alone it is a grant it need not be by a registered document only thing is acceptance is also can be implied it is not acceptance must be proved as such I am executing a document and handing over it there is an acceptance or I created a document for the purpose of empowering some person to enjoy it and he is enjoying it that is enough for the purpose of fulfilling the position of a grant in respect of grant future property also can be possible it can be given and it not be necessarily to be attested it need not be necessarily to be registered also but only in the case where an interest is created in the property then it must be it can be only by a registered document because section 17 of the trans the registration act says if any right or title or interest is created in any more property then it can be only by a way of a registered document not otherwise so this is how the further as far as a grant is concerned it is revocable unless the conditions made in the grant are in such a way that it is irrevocable then grant is always revocable at the will of the grant are further in the gift it is an alienable one you can transfer the property that has been obtained by you by way of a gift but in the grant in the case of a grant it is not it is personal designated what you call that it is a personal right that has been given you cannot transfer it you cannot alienate it on the death of the doni the grant are the grant will come to an end even after the death of the grantee also it will come to an end so it is always a terminable one at the will of the grant are and on suppose a purpose for which the grant has been given and the purpose has become complete then grant will automatically be revoked but no such condition has been possible in a gift so these are all the general differences between this the gift will and the grant and as in the case of a settlement settlement is also a gift in fact but we are calling it as a settlement because gift can be made to a relative a heir or even to a third party who is not connected with you but when it comes to a settlement it must be by a person to whom it is given is related to him for example the son wants the father wants to set up a settlement or want to settle the property in favor of his wife and children in a particular way then it is a settlement as regards the stamp duty is also gifted a different type of stamp stamp duty is payable for settlement different the stamp duty is collectible depends upon how the wordings have been made so this is how the settlement is normally differ from the gift otherwise gift and settlement or akin to each other as required under the transfer of property act so as regards the construction of the document is concerned the courts have held that the nomenclature of the document is not relevant the consideration of the recitals in the entire document is safe to ascertain the purpose of the document the intention of the executant has to be ascertained from the recitals in the document it is the duty of the court to sit in the position of the executant to ascertain the real intention of the executant which he wanted to convey on the base of the document this was considered by the alababa the court in a year 1979 alababa 305 and by the travangur kochin high court in a year 1951 travangur kochin 195 as regards the consideration is concerned the tp act does not take the define what is consideration so you will have to go by the definition of consideration as provided because it only says this is a gratitude transfer no amount of consideration any amount can be fixed for the purpose of accepting or giving the gift or any compensation can keeps for the purpose in the you will have to go by the provisions of the definition provided under section section 2d of the the contract act for the purpose of ascertaining what is meant by consideration for the purpose of without consideration as provided under section 120 of the tp act as well but in one of the decisions it has been held that past consideration of a concubine living with a person and on the base of the past consideration some document some property has been gifted it was held by the effects code that it is not a consideration it cannot be treated as a consideration as provided under section 2d of the act though it may be consideration for several other purposes this was so held in the decision reported in 1968 supreme court 253 further than the same decision has been held suppose you are executing a document of gift for future cohabitation of a concubine then it is hit by immorality because section 6h says what is immoral consideration or against public policy provided under section 25 of contract act cannot be a part of for that purpose no gift can be possible because section 6 deals with though it is said what is transferable right it was mentioned but if you go by the provision it will be said what is not possible to be transferred the same view has been taken by the supreme court in ar 1970 to supreme court 1290 gift can be made for an endowment or for a charitable purposes there what is required is only a dedication of the property in favor of the purpose for which it has been given either it can be in the name in the form of a trust or in the nature of a gift also but in such cases the gift can be accepted by the the organization which is dealing with the purpose and in the case of ideal or in the case of a temple it is always we deem to be a minor for all purposes so the how the minor can accept the gift in a similar way a person authorized to accept the gift on behalf of the deity can accept the gift and once it is accepted by them it is valid in law the one of the aspect was considered by the apex court with the courts earlier in the case of a coparcer property a copar snap wants to throw his self-employed property in respect of the common hotspot of the joint family then what is the nature of nature of the property that has been given or what is the nature of document that has the what is the nature of what has been created was considered for the purpose of gift tax suppose if it is a gift over than more than a particular value then it will amount to it is chargeable for gift and to gift tax so under such circumstances the Andhra Pradesh I court and Allahabad I court held that it will amount to gift and it must be by a registered document attested by two witnesses and it can be ascertained it is the it is amenable for gift tax the badass I court Kerala I court have took a different view and they said it will not amount to gift and it is not chargeable under the gift tax the same as we settled by the Supreme Court in Goli I Surya versus commissioner of gift tax Andhra Pradesh here 1970 Supreme Court 1722 where it has been held that he is only voluntarily putting that into the common hotspot for the common enjoyment of the property by the joint family there is no question of acceptance arises because it is a voluntary act unilater act done by a person who throws his property for the common enjoyment of the joint family so there is no element of acceptance arises there so it cannot be treated as a gift for the purpose of gift tax and said that it is a voluntary act unilateral act there is no acceptance there is no meeting of minds of any other person arises there is no consensus Adam because whether other acceptors are not your your your relinquish your right in favor of the joint family common property all can enjoy it that's the intention of the person and he never retains any right in the property that is the only thing so in such circumstances it was said it is not it cannot be deemed to be a gift for the purpose of gift tax and both said that no tax is payable for that the same we also read it by the Supreme Court earlier also in 1961 Supreme Court 1268 suppose in the case of a release deed of the shares of a particular co-owner in respect of in favor of others if it is for consideration then it will be deemed to be a conveyance has provided under the transfer property act which requires registration some registration and it cannot be deemed it cannot be treated as a gift because it is for a particular consideration but at the same time suppose a sharer releases his right in favor of the remaining sharers without retaining an interest in the property or claiming an interest in the property not for consideration but voluntarily then it will be in the nature of a gift it can be treated as a gift because all the ingredients of the gift is being satisfied but he is accepted because the donor the person who is executing and the person in whose favor it is being executed is are also parted of the document the you are divesting the right immediately to the person of the existing existing your interest in the property existing property that were gratid use one because you are not claiming any interest in the property and also receiving any consideration for that purpose so it is clear from this that if the release need is without consideration without retaining interest or without releasing releasing releasing the entire right in favor of the person whose favor the document was executed then it will be having the character of a gift but if it is coupled with the consideration then it changes the character further generally a gift cannot be challenged by a third party not a party to the document but there are exceptions where if it has been mentioned if it is the case of the party was that it was a sham document it was not indented by the person who executed to diverse his right really in favor of the person it has been done or it's never been accepted it has never been coming to existence at all and it has been done for the purpose fraudulently for the purpose of defeating the right of a third party in whose possession or who is enjoying the property for himself in such circumstances and extreme circumstances I can say it is only in extreme circumstances the court can consider the plea of the third party who wants to challenge the validity of the gift that has been affected that will apply to sale also all transactions but gift is also one of the gift is a voluntary transfer that has been made because other things you can say without value consideration it is one of considerations void except you can say but as regards the third party in respect to a gift is concerned being a voluntary transfer without considerations being a gratidious one it can be executed by the donor and it can be accepted by the donor then court said in such circumstances the validity of the document cannot be challenged by a third party it is binding on the third party and you can challenge only in extreme circumstances as mentioned above in all other cases it is not possible so these are all the general so it is clear from this that a gift is a transfer made by a person voluntarily without consideration of an existing movable or removed property in favor of a person called donnie the person who makes the gift is called donor and it must be accepted by the donnie or on his behalf during the lifetime of the donor and if he is capable of giving it that is if it is become incapable of giving it before acceptance then the gift is not valid and the gift can be made only by a raise in in the case of a removed property it can be made only by a registered document that to by executed by the donor signed by the donor or on his behalf as authorized by him for that particular purpose and it must be attested at least by two witnesses in the case of a movable property it can be transferred either by a registered document or by a by delivery of the property and the delivery of the property is as in the case of a goods and suppose how you can do it in the case of a goods the sale of goods act will normally apply in such cases how the goods is delivered so that same principle will apply in the case of a movable property and as regards the will and the gift is concerned one is revocable other is not revocable one takes effect only after the death of the person executing it other takes effect immediately as regards the gift is concerned the only the existing property where the donor has got a right can alone can gift it and the transferable right that is what you call the transferable right existing can alone can be gifted but as in the case of a will any future property can also be gifted because he can say that whatever I am going to acquire on can be done but at the time when it is it comes into existence that that act would have been happen otherwise it is not possible so future property must be available for the enjoyment of the propounder at the time of death of the test data and one is the compulsory registered document other is not a compulsory registered document grant is also in a similar way though it is a nature of the gift but it differs from the gift because no interest is being created once it is created then it must be only by registered document it can be for a specific purpose for a specific time on completion of the purpose or completion of the time it can be taken back by the grantor the grant can be revoked at the will and pleasure of the grantor unless it is a revocable one as mentioned in the document itself and the any interest has been created permanent interest has been created in the property on the base of the interest created the person in whose favor the grant has been given has invested certain amount for that purpose just like an irrevocable license then it is not but even in such cases it can be possible but only thing is you will have to pay compensation that is what the law says so these are all the general differences between these things acceptance acceptance can be either implied or explicit implied contact of the parties can be considered for that purpose delivery of possession also can be inferred from the circumstances and it is not always necessary in all cases that the delivery must be proved acceptance actual acceptance will be proved etc but acceptance can be in the case where in the document itself it was mentioned that the possession has been given and the documents have been delivered and the title deeds have been given and the doni was authorized to receive the document of gift from the registrar's office for the purpose of taking possession of the document then you can imply that there is an acceptance and normally acceptance of it can be presumed because the unless it is denied or it is proved by the doni that he has not accepted it otherwise the presumption is that it was accepted suppose in a case where the document was executed in the presence of the donor and throughout the transaction he was with the donor and he accepts the gift deed and he signs the document as one of the parties to the document or identifying witness before the registrar and he is not objecting to the execution of the gift deed so there is a presumption in favor of acceptance by the doni so normally the court will go in favor of acceptance unless it is otherwise proved so these are all the general principles of gift under the DP Act as to what is the gift and how it can be done I think I have done to my best to the understanding of the persons who are listening it thank you very much so I will request this is Ram Kumar who has also joined us to share his insight so you will have to unmute it's not unmuted yes is it unmuted yes yes can you can you hear me yes I am myself getting civilized through these lectures I confirmed the criminal getting civilized it's a good articulation by brother Ramoshan who himself is a gift to the High Court of Kerala from the district judiciary yes yes and tomorrow we will be having a session by just Ram Kumar at 5 30 I will ask sir to share the topic it should be unveiled by him today because he has participated a day prior to that but normally he's not done this yes the topic of the tomorrow or tomorrow session by you what is the topic I am saying I will request sir to tell for tomorrow session tomorrow session is when does the trial start in a summons case when exactly does the trial start in a summons case and can there be it is a premature disposal of the case prior to the commencement of trial without offending Adalat Prasad, Subramaniam Sethiraman etc I'll be dealing with those aspects only but tomorrow do stay connected with us at 5 30 and as usual we keep on receiving requests of Justice Ram Kumar sessions and do tune with that and thank you to Justice Ramakrishnan for sharing his insights you can get later for the remaining portion of the gift yes sir we will discuss the time etc so thank you everyone stay safe stay blessed namaskar