Capacity for a donor: A donor, who has the following qualifications, has capacity to make a gift.


The following persons are entitled to make or take a gift:Capacity for a donor: A donor, who has the following qualifications, has capacity to make a gift.(i) Muhammadan; A donor must be a Mohammedan.(ii) Status: A donor may be a male or female,(iii) Age of majority: A donor must have attained the age of majority. The age of majority is the age prescribed under Section 3 of the Indian Majority Act, 1875. Accordingly. The age of majority for the purpose of making a gift is the attainment of Ii years and if he or she is under a guardian appointed by the Court, the age of majority is the completion of 21 years.(iv) Soundness of mind: A donor must he a person of sound mind. But a person of unsound mind or an insane can make a gift during lucid intervals. A mere weakness of the intellect would not be sufficient to make a gift invalid, if the donor was able to apprehend transaction.(v) Ownership of property: A donor can make a gift of his or her own property, in other words the ownership of the property must be with the donor, at the time of making a gift. A gift by widow who is in possession of the property of her husband in lieu of dower cannot make a gift of such property. ,(vi) Gift of entire property: A donor can give away his or her whole property by way of a gift during his lifetime. A man, may exclude his heirs. A donor may transfer his whole property by gift even if the gift has effect of defeating the Mohammedan Law of Inheritance. A gift may be made, of entire property to a stranger excluding heirs even with the heirs consent.(vii) Free consent: A gift made under compulsion is not valid but voidable. Free consent’ of the donor must be associated with the gift.

Leave a Reply

Your email address will not be published. Required fields are marked *

Related Posts