Gifts: acceptance, form and revocation

Read all eight chapters and 148 numbered provisions

A gift requires voluntary transfer of existing property without consideration and acceptance within the statutory window.

Section 122 requires acceptance by or on behalf of the donee during the donor's lifetime while the donor is capable of giving. If the donee dies before acceptance, the gift is void. Section 124 makes a gift comprising existing and future property void as to the future property.

For an immovable-property gift, section 123 requires a registered instrument signed by or on behalf of the donor and attested by at least two witnesses. Movable-property gifts may follow the registered-instrument route or delivery. Read section 129's savings as well; do not present one formality rule as universal across all saved personal-law situations.

Section 126 is not a general right for a donor to take a completed gift back whenever they change their mind. It recognises specified agreed events not depending on the donor's will and certain grounds on which a contract might be rescinded, with its exceptions and protection of transferees. Sections 127 and 128 address onerous gifts and a universal donee.

Fictional example

Kiran proposes gifting a flat to Leela. Their study checklist separates existing property, voluntary transfer without consideration, acceptance and section 123 formalities. Kiran's later change of mind is not, by itself, the rule in section 126.

Read the provisions

Read the full chapter →

Limits and cautions

Personal-law savings, capacity, undue influence, taxes and state stamp rules require separate attention. This page does not draft a gift deed.

Study check

Chapter 7: study check

Choose an answer, then check it. Scoring stays in your browser and every explanation links to the statutory text.

1.When must acceptance occur for section 122's gift rule?
During the donor's lifetime while capable of givingAt any time after the donor dies
Not quite
The statutory acceptance window is express; a donee's death before acceptance makes the gift void.
Read section 122 →
2.How many attesting witnesses does the central immovable-gift rule require?
NoneAt least two
Not quite
Section 123 specifies at least two witnesses and a registered instrument signed by or on behalf of the donor. Read applicable savings too.
Read section 123 →

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Compare sale, mortgage, lease, exchange and gift →

Connect with contract law

Read the Indian Contract Act on capacity, consent and lawful objects alongside the property provisions.

ICA 10 ICA 11 ICA 14 ICA 23

Original educational explanations and fictional examples; not individual legal advice or property-title verification.

Official statutory reference: Government of India reference, hosted by Andhra Pradesh High Court