Inter Vivos: Meaning, Origin and Explanation
This article titled ‘Inter Vivos: Meaning, Origin and Explanation’ is written by Sahajpreet Bhusari and discusses the legal maxim of Inter Vivos. I. Meaning and Origin Inter Vivos is a legal maxim of Latin origin. In Latin, the maxim literally translates to ‘between the living’.[1] II. Explanation This phrase refers to an agreed transfer of property between survivors and… Read More »
This article titled ‘Inter Vivos: Meaning, Origin and Explanation’ is written by Sahajpreet Bhusari and discusses the legal maxim of Inter Vivos. I. Meaning and Origin Inter Vivos is a legal maxim of Latin origin. In Latin, the maxim literally translates to ‘between the living’.[1] II. Explanation This phrase refers to an agreed transfer of property between survivors and can be contrasted with a testamentary transfer, which is an assignment made under a will after death. So,...
This article titled ‘Inter Vivos: Meaning, Origin and Explanation’ is written by Sahajpreet Bhusari and discusses the legal maxim of Inter Vivos.
I. Meaning and Origin
Inter Vivos is a legal maxim of Latin origin. In Latin, the maxim literally translates to ‘between the living’.[1]
II. Explanation
This phrase refers to an agreed transfer of property between survivors and can be contrasted with a testamentary transfer, which is an assignment made under a will after death. So, an inter vivos gift is a gift made during one’s lifetime. In general, inter vivos gifts refer to the transfer, or giving to someone during the lifetime of the giver and the receiver.
III. Application
When goods are transferred by conveyance, the transaction is said to be between vivos. However, all inter vivos gifts of property, including but not limited to money, land or buildings, are void if the giver is left without a means of subsistence and without reserves (an amount sufficient for a living) apart from this gift to provide for subsistence.
It is understood that it shall not apply to any donation not expressly and specifically declared hereunder by a competent jurisdiction for a period of two years immediately following the date of contribution. For an inter vivos gift to be valid, there must be a clear expression of the giver’s intention to the object of the gift and actual delivery by the recipient must be made.
IV. Illustration
The businessman ‘Z’ promises part of the land if his nephew D works hard and passes the exam. D meets Z’s expectations and is given land. Z then passes his certificate of title to D through the entire land transfer process. This kind of gift is considered an inter vivios gift.
V. Case Laws
In Hindustan Lever & Anr v. State Of Maharashtra & Anr.[2], the Supreme Court of India has observed that “an instrument by which a co-owner of property transfers his interest to another co-owner of the property and is not a sharer, shall for the purpose of this provision, be considered an act by which assets are transferred between vivos.
In Thakore Shri Vinayasinhji (Dead) v. Kumar Shri Natwarsinhji & Ors.[3], the Supreme Court ruled that with the incidents of self-own and private property, it is up to the equity holder to have unlimited rights not only by transmission between vivos, but also at will. When the holder has the right to dispose of during his or her lifetime, it is completely unreasonable to assume that he or she will not have the right to dispose at will.
References
[1] Inter Vivos, Available Here.
[2] Appeal (civil) 8232 of 1996.
[3] 1988 AIR 247.
