A GIFT IS RECOGNISED IN LAW AS A COMPLETE VOLUNTARY TRANSFER OF INTEREST IN A PROPERTY OR THING AND CAN NOT BE RESCINDED, REVOKED OR RETRIEVED By Pelumi Olajengbesi Esq.
The concept of gifts seldom generates disputes especially when a benefactor changes his mind towards the beneficiary and attempts to retrieve a gift already given. Generally, gifts given out cannot be retrieved under the law except if the gifts is conditional or does not meet up with the requisite conditions that satisty an act as a gift. The Black’s Law Dictionary, Ninth Edition, defines a gift as the voluntary transfer of property or a thing to another without compensation. In simple parlance, a gift is the transfer of something of value to another without necessarily receiving anything in return. The gift giver is called the Donor while the recipient is called the Donee. A gift is a legally enforceable transfer of interest in a thing provided same is done in accordance with the legal prerequisites which includes: The donor’s voluntariness, The intention to donate the gift, The existence of an identifiable and unencumbered thing or interest ...