In Hindu Law, both 'Gifts' and 'Wills' are modes of transferring property without consideration, but they differ fundamentally in terms of when they take effect and how they are executed.
1. Definition and Distinction
A. Gift (Hiba / Dan)
A gift is a transfer of existing movable or immovable property made voluntarily and without consideration by one person (donor) to another (donee).
When it takes effect: It is an inter-vivos transfer (between living persons). It takes effect immediately upon the acceptance by the donee during the lifetime of the donor.
Revocability: Generally, once a gift is completed and accepted, it is irrevocable.
Delivery: Physical or symbolic delivery of possession is usually essential.
B. Will (Wasiyat)
A Will is a legal declaration of the intention of a testator with respect to their property, which they desire to be carried into effect after their death.
When it takes effect: It is ambulatory, meaning it takes effect only after the death of the testator.
Revocability: A Will is always revocable during the lifetime of the testator. They can change it as many times as they wish.
Delivery: No delivery of possession happens during the testator's life; the beneficiaries only get rights after the testator passes away.
2. Comparison: Position of a Male vs. Female
The power to dispose of property via Gift or Will has evolved significantly, especially after the Hindu Succession Act, 1956.
A. Position of a Male Hindu
Self-Acquired Property: A male Hindu has absolute power to gift or will away his self-acquired property to anyone he chooses.
Coparcenary (Joint) Property:
Gift: A male cannot gift his undivided share in coparcenary property without the consent of other coparceners, except for small gifts of affection (to a daughter or wife) within reasonable limits.
Will: Under Section 30 of the Hindu Succession Act, a male Hindu can now dispose of his undivided interest in a Mitakshara coparcenary property by Will.
B. Position of a Female Hindu
Pre-1956 (Limited Estate): Historically, a female Hindu held a "Limited Estate" (Women's Estate). She could generally only use the income and could not gift or will the property away except for spiritual necessity.
Post-1956 (Absolute Ownership): Under Section 14, any property possessed by a female Hindu (whether acquired by inheritance, partition, gift, or her own skill) is held by her as an absolute owner.
Current Position:
A female Hindu now stands on the same footing as a male regarding her property.
She has the absolute power to dispose of her property through Gift or Will as she pleases.
Following the 2005 Amendment, as a coparcener, she also enjoys the right under Section 30 to dispose of her undivided interest in joint family property via Will.
Comparison Table
| Feature | Male Hindu | Female Hindu |
| Self-Acquired Property | Absolute power to Gift/Will. | Absolute power to Gift/Will. |
| Joint Family Property | Can Will his share (Sec 30); cannot Gift without consent. | Can Will her share (Sec 30); same Gift restrictions as males. |
| Historical Limitation | Always had broad powers over separate property. | Had "Limited Estate" until 1956; now an absolute owner. |
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