If the donee dies before acceptance, the gift is void. ... A transaction of gift in order to be complete must be accepted by the donee during the lifetime of the donor.
in such a case donor can dispose of property as he desires
Gifts
If a donee dies before accepting a gift then can it be converted into a will
Asked 10 years ago in Civil Law
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4 Answers
there is no gift if not accepted by the donee
There is no such law that can be presumed for under the facts and circumstances of the your case. Gift is a transfer inter vivos i.e., both the donor and the donee must be present and alive to complete the transaction. if one of the person dies before execution, there can be no valid transfer. since, the donee dies before the execution of the gift deed, the same cannot be treated as a will.
If the donee dies before acceptance then gift is void. There is no question of conversion of a deed which has not yet come in existence.
