Gifts and Weddings Directory

Gift is something that is bestowed voluntarily and without compensation. Gift is in law, voluntary transfer of property from one person to another without any compensation for it and without any obligation of an agreement or contract. The one who gives is the donor; the one who receives the gift, the donee. In both types of gifts, it is essential that there be an actual and full delivery of the article given as well as do native intent on the part of the donor. The delivery may be by handing to the donee or by giving it to some other person for the donee, but in all cases the delivery must be such as to take the property given out of the hands and the control of the donor.

Commonly gifts are spoken of as involving both real estate and personal property. The law does not recognize a true gift of real estate, for real estate can be transferred only by deed or will. Gifts in law are only of personal property. A promise to deliver a gift in the future, or a promise to make a gift, unless under seal or made under very unusual circumstances, cannot be legally enforced. A gift should be distinguished from barter or exchange, as the element of consideration necessary for the latter two is not present in a gift.