Sec 11 of the Indian Contract Act states that a contract with a minor is void, but this does not apply to gifts. Hence, a gift can be made in favour of a minor without being represented by a guardian.
Gift to minor
God is perpetual minor as per Hindu law.While writing a gift to god many people do not mention guardian. Now is a gift deed to a minor without mentioning the guardian valid as per Indian law?
Asked 4 years ago in Property Law
Religion: Hindu
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5 Answers
Acceptance of the donee is recorded in the gift deed by the donee’s signature and is also substantiated by acceptance of possession of the gift. Another key element to this step is that the acceptance of gift should happen during the life of the donor. The gift may be rendered invalid otherwise
A minor is not capable of entering into a valid contract, so the minor cannot make a valid gift deed. The guardian of the minor can accept a gift made to a minor on his behalf.
a minor can accept gifts. A natural guardian can accept a gift on behalf of a minor with the condition that the person nominated in the gift deed will act as a manager of the gifted property.
A gift may be accepted by or on behalf of a donee.
The shebait is the guardian of the God.
If there is none then court is its de jure guardian.
For any gift to God it goes to the trust or temple. If not done it's illegal
1. A Minor CANNOT Contract or Sign on ANY legal document, which includes Gift Deed, wherein Donee has to sign as acceptance of Gift Deed, without which the Gift Deed becomes null & Void.
2. By virtue of above, a Legal Guardian is an absolute MUST who has to sign on the Gift Deed on behalf of the Minor (Donee).
Keep Smiling .... Hemant Agarwal
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