Write short notes on the following: Onerous Gift.

CS Professional · Drafting, Pleadings and Appearances · PYQS · June 2024
Write short notes on the following: Onerous Gift.

Answer & Explanation:

Onerous Gift Section 127 of the Transfer of Property Act, 1882 (the Act) describes onerous gift. It states that where a gift is in the form of a single transfer to the same person of several things of which one is and the others are not, burdened by an obligation, the donee can take nothing by the gift unless he accepts it fully. Where a gift is in the form of two or more separate and independent transfers to the same person of several things, the donee is at liberty to accept one of them and refuse the others, although the former may be beneficial and the latter onerous. Besides, a donee not competent to contract and accepting the property burdened by any obligation is not bound by his acceptance but if after becoming competent to contract and being aware of the obligation, he retains the property given, he becomes so bound, subject to these provisions of Section 127 of the Act. Where a gift consists of the donor 's whole property, the donee is personally liable for all the debts due by and liabilities of the donor at the time of the gift to the extent of property comprised therein.

Topics: Transfer of Property Act

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