Restrictions upon Right to Make a Gift under Hindu Law

This view has come to be, also supported by the decision of the Supreme Court in R. Kappayee & others v. Raja Gounder, the Court held that, father can make a gift of ancestral immovable within reasonable limits. However, if a gift was not within reasonable limits, such a gift would not be upheld “as gift”.

A karta or manager of a joint Hindu family can validly give in gift a small portion of the property for religious purpose to a stranger. But the gift will not be valid if karta has given gift to a person out of kindness. Hindu law does not confer upon karta an unlimited power of gift, but it is only a limited right. The phrase ‘for religious purposes’ cannot be interpreted liberally or widely. So any gift given to a stranger out of kindness or love and affection by a karta will cease to be a valid gift.

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A gift made to a person with a condition that the donee will not have any right to transfer the gifted property will be valid but such a condition shall be treated to be void.