Death-Bed Gift: Neither A Gift nor A Legacy

A Death-Bed Gift is a gift made in the apprehension of death. These gifts are called Donatio Mortis Causa under general law and gifts made during fatal illness or Marz-ul-Maut under Muslim law. A donatio mortis causa is an exemption to the usual position whereby a person makes a gift to another during their lifetime but, that gift is in contemplation of their death, to take effect in the future remains conditional on the Donor's death. Upon death, the gift becomes absolute. Death-bed gift is ambiguous, not exactly a gift, nor a legacy, but partaking the nature of both. The prime objective of this research article is to understand the evolution, nature, and essential requirements of valid 'donatio Mortis causa', and the application of the doctrine in Courts.