“Gift” defined
Section 122 of the Transfer of Property Act, 1882 deals with “Gift” defined. Gift is the transfer of certain existing moveable or immoveable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee, and accepted by or on behalf of the donee. The Act came into force on 01 Jul 1882.
Gift is the transfer of certain existing moveable or immoveable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee, and accepted by or on behalf of the donee.
Acceptance when to be made.-- Such acceptance must be made during the lifetime of the donor and while he is till capable of giving,
If the donee dies before acceptance, the gift is void.
Section 122, The Transfer of Property Act, 1882 (Act 4 of 1882).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Jagdish Chander vs Satish Chander
Court's Decision & Legal Precedent
A registered gift deed cannot be invalidated on the ground that it mentions a monetary value for stamp duty and registration purposes. The mention of such valuation amount does not constitute consideration received by the donor, and therefore does not violate Section 122 of the Transfer of Property Act. A third party to a gift deed has no legal standing to challenge its validity without concrete evidence of fraud, undue influence, or lack of free will and consent of the donor. The High Court, in exercise of its power under Section 100 CPC in a second appeal, cannot reappreciate evidence on record to come to a different conclusion than the findings recorded by the trial court and confirmed by the first appellate court, unless a substantial question of law is involved.
On this section: Section 122 provides that a gift is a voluntary transfer of certain existing movable or immovable property made by one person to another with the intention of, and accepted by or on behalf of the other with the intention of, becoming the owner of the property. The Court examined whether the mention of Rs. 5,000 in the gift deed constituted consideration, which would violate Section 122 requirements for a valid gift.
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Sankaran Bhaskaran vs Kumaran Sarasamma
Court's Decision & Legal Precedent
A document purporting to transfer property but reserving life interest and enjoyment to the transferor cannot be classified as an absolute gift under Section 122 of the Transfer of Property Act, 1882. Instead, such a document must be treated as a will or mere settlement, and does not effect immediate vesting of title in the donee/transferee. Consequently, the transferor remains the owner during his lifetime, and any subsequent sale by him is valid and valid, and the original transferee/donee acquires no property rights.
On this section: Defines 'gift' as transfer of existing property made voluntarily and without consideration by donor to donee with acceptance during donor's lifetime. Court examined whether life interest reservation negates gift status by preventing absolute ownership vesting in donee.
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Narendra Gopal Vidyarthi vs Rajat Vidyarthi
Court's Decision & Legal Precedent
When a testator sets apart a specific sum of money in a will for the benefit of identified beneficiaries and directs that an immoveable property be purchased from that sum, the property so purchased vests absolutely in the beneficiaries to the extent of the amount contributed by the testator, notwithstanding that the property may be purchased in the testator's name or that the testator uses non-technical language such as 'wakf' or creates a trustee structure. The testator's true intention must be ascertained from the will read as a whole in the context of surrounding circumstances, including the testator's family situation, the position of the beneficiaries, and post-testamentary conduct of family members. The use of precautionary measures such as trustees and limited disbursement provisions does not negate absolute ownership but merely reflects the testator's concern for prudent management of the funds.
On this section: Cited to establish that gift of cash amount does not require registration and statutory requirements under these sections are not attracted for cash gifts.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Lakshmi Kutti is apposite to refer. In the said decision the Apex Court analyzed the essentials in Paragraph Nos. 13 to 16 as under: > "13. We have noticed the terms of the deeds of gift. Ex-facie, they are not onerous in nature. The definition of "gift" contained in Section 122 of the Transfer of Property Act provides that the essential elements thereof are: (i) absence of consideration; (ii) the donor; (iii) the donee; (iv) the subject-matter; (v) the transfer; and (vi) the acceptance. 14. Gifts do not contemplate payment of any consideration or …
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… The Apex Court in Ashokan v. Lak [2007(13) SCC 210], had occasion to restate the law in regard to gift. It is held at paragraphs 13 to 16, 20, 23 and 30 as under: > "13. We have noticed the terms of the deeds of gift. Ex facie, they are not onerous in nature. The definition of "gift" contained in Section 122 of the Transfer of Property Act provides that the essential elements thereof are: (i) the absence of consideration; (ii) the donor; (iii) the donee; (iv) the subject-matter; (v) the transfer; and (vi) the acceptance. 14. Gifts do not contemplate payment of any consideration or compensation. …
Questions about Section 122
What have the courts held on Section 122 of the Transfer of Property Act?
Jagdish Chander vs Satish Chander (27 Feb 2019) is the leading judgment on this section among those set out below: Section 122 provides that a gift is a voluntary transfer of certain existing movable or immovable property made by one person to another with the intention of, and accepted by or on behalf of the other with the intention of, becoming the owner of the property. The Court examined whether the mention of Rs. 5,000 in the gift deed constituted consideration, which would violate Section 122 requirements for a valid gift. Another 2 judgments on this section are set out below, all of them from the Supreme Court. They run from 2008 to 2019.
How do I find court cases under Section 122 of the Transfer of Property Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: TP Act 122, section 122 TP Act, section 122 of the Transfer of Property Act. People searching for it also type s 122 tpa. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Jagdish Chander vs Satish Chander (27 Feb 2019).
When did Section 122 of the Transfer of Property Act come into force?
Section 122 of the Transfer of Property Act, commonly called gift deed, and cited as TP Act 122, came into force on 01 Jul 1882, having been enacted on 17 Feb 1882. It is in force as at the date shown on this page.
Other sections of this Act
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- 108. Rights and liabilities of lessor and lessee1030 words
- 69A. Appointment of receiver892 words
- 3. Interpretation-clause658 words
- 35. Election when necessary614 words
- 58. Mortgage , mortgagor , mortgagee , mortgage-money and mortgage- deed defined554 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.