Abstract

Since there is no Uniform Civil Code in place in India, personal religious laws govern the tradition of giving gifts, and the meaning and implications of gift giving changes depending on the governing religious law, and also with what intention the gift is given. Due to difference in the time period during which Hindu and Muslim laws evolved, which is of hundreds of years, as well as due to difference in cultural background, customs and traditions followed by people, the motive of giving gifts and the consequences of property transfer are different under Hindu and Muslim laws (only one kind of transferrable gift in Hindu law but of various kinds in Muslim Law such as Ariya, Sadhakkh, Hiba bil Musha, Hiba bil Iwaz and Hiba ba Shart ul Iwaz). There is also difference in thinking, as some concepts may be deemed more progressive or more conservative when taken in context of current societal conditions, as well as difference in procedural requirements. Having so many laws governing gifting of property – The Transfer of Property Act, The Indian Succession act, personal laws of various religions and communities, the Indian Registration Act, The Indian Majority Act, The Guardianship Act as well as The Civil Procedure Code – conflicts can be expected and sometimes become unavoidable. The researcher, through this research paper, by analysing the provision set out in personal laws, as well as studying precedents and concepts explained in various case laws, aims to understand the existing differences between the concept of Gift under Hindu and Muslim laws, as well as possible clashes that could arise, and suggests certain recommendations to resolve these issues.

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