Can Minors Accept Gifts from Relatives Without Guardian Consent?

2025 Supreme(Online)(Kar) 21795

Considering the above, what is to be considered is whether the mother of the appellant/plaintiff who acted as his guardian during his minority, can act as guardian of her minor son for receiving possession of property under oral gift? ... They are distinguishable from those cases in which there is no guardian of the property to accept the gift and the minor is within the care either of the mother or of other near relative or even a ....

He was of opinion that according to the law, as stated by Voet, a minor was entitled in the case of a donation to restitutio in integrum without any proof of damage sustained; but whether that was the Roman-Dutch Law or not, he held that in Ceylon, on the authority of Sirwardena v. ... or friend to be guardian of the person of the minor. ... Donation by a minor-Want of authority of guardian-Ratification after majority. A don....

1960 0 Supreme(Ker) 340

(See S.149 of Mulla's Mohammedan Law, 4th Edition, page 138). There is an exception to the requirement of transfer and possession recognised in the case of a gift to a minor by father or other guardian. ... ... (10) Formal delivery and seizin are not necessary in the case of a gift to a trustee having the custody of the article given, nor in the case of a gift to a minor. The seizin of the guardian#HL_EN....

Madras High Court

Under Mahomedan law, there can be no valid gift without an actual change of possession; but, in the case of a gift to a minor, possession by the guardian, or by a trustee on behalf of the minor, or by a person acting as such, is sufficient .......... ... Mahammadan Law makes a distinction between guardian of the person, guardian of the property and guardian for the purpose of ma....

Jayewardene (with him Rosairo), for the plaintiff, appellant.- The acceptance of the gift by the major brother, on behalf of his minor brothers, is not valid. Only a natural guardian or legal guardian can accept on behalf of a minor. See Fernando v. Cannangara; l Wellappu v. ... Valupilli.* The only case in which it was held that a person who was neither a natural nor a legal guardian can accept a gift on behalf of a minor is L....

Batticaloa, 597 Donation-Gift by father to his minor child-Acceptance. Under Roman-Dutch law, a father, when he makes a donation to his minor child, can authorise some other person by " a special mandate " to accept the gift on the child's behalf. ... Although the parties to the transaction under consideration are Muslims, it is common ground that the validity or otherwise of the gift must in the circumstances of this case be decided in accordance with the pr....

  In the case of a donation to a minor the law requires a present acceptance by the natural or legal guardian of the minor, and not an acceptance at some future indefinite time by the minor himself, after   he   has   attained majority. ... The answer to this is that the law requires a present acceptance by the natural or legal guardian to give validity to a donation in the case of a minor, not an accepta....

Then the gift by Saffra Umma was a gift of something to a minor by a person other than the father or guardian, which something was at the time of the gift in the possession of the guardian, in this case the mother. ... The law on the subject is stated as follows in Ameer Ali, 4th ed., at page 123:-" in the case of a gift by a father to his minor child, no acceptance is necessary. ... The same....

If she were governed by that law, she would on the facts of the-case be the natural guardian of her children and, therefore, empowered to accept the gift on their behalf. ... Colombo, 2,997 Muslim Law-Fidicommisswn created by deed-Donation to minors-Capacity of mother to accept gift-Applicability of Roman-Dutch law-Muslim widow in Ceylon-Natural guardian of her minor children. ... In such a case,....

2023 0 Supreme(P&H) 1483

(2) The natural guardian shall not, without the previous permission of the court,-- (a) mortgage or charge, or transfer by sale, gift, exchange or otherwise, any part of the immovable property of the minor; or (b) lease any part of such ... A meaningful reading of the said provisions would show that law does recognize an independent right of the guardian to give a child in adoption and in a case of guardian, the consent of biologic....

2021 0 Supreme(Mad) 3325

As seen above, in the case of a minor donee receiving a gift from her parents, no express acceptance can be expected and is possible, and acceptance can be implied even by mere silence or such conduct of the minor donee and his other natural guardian as not to indicate any disapproval or repudiation of it. " The learned Judges went on to further observe as follows:

2017 0 Supreme(Ker) 860

Non-delivery of the possession of the gifted property, non-exercising of any right of ownership over it and failure by the donee on attaining majority in getting his name mutated in official records are not circumstances negativing the presumption or acceptance by the minor during his minority or on his attaining majority. In case of a minor donee, receiving a gift from her parents, no express acceptance can be expected and is possible and acceptance can be implied even by mere silence or such conducts of the minor donee or other natural guardian as not indicate any disapproval or ....

2016 0 Supreme(Mad) 3955

Thus it would appear that there is no legal impediment preventing a person other than a legal guardian, for example, a trustee or a person acting as such trustee, from accepting a gift on behalf of a minor and taking possession. A gift will also be complete when a minor, who has attained discretion, himself takes possession." Under Mahomedan law, there can be no valid gift without an actual change of possession; but, in the case of a gift to a minor, possession by the guardian, or by a trustee on behalf of the minor, or by a person acting as such, is sufficient .......... A....

2014 0 Supreme(Gau) 985

[See Shankuntala Devi vs. Amar Devi (1986 Him Pra 109); and Narayani Bhanumathi vs. Lelitha Bai (1973 Ker LT 961)]. As seen above, in the case of a minor donee receiving a gift from her parents, no express acceptance can be expected and is possible, and acceptance can be implied even by mere silence or such conduct of the minor donee and his other natural guardian as not to indicate any disapproval or repudiation of it.

2012 0 Supreme(Mad) 3859

(See Shankuntala Devi v. Amar Devi ILR 1986 HP 109 and Narayani Bhanumathi v. Lalitha Bhai 1973 KLT 961) As seen above, in the case of a minor donee receiving a gift from her parents, no express acceptance can be expected and is possible, and acceptance can be implied even by mere silence or such conduct of the minor donee and his other natural guardian as not to indicate any disapproval or repudiation of it.