Distinguish between Gift and Donatio Mortis-Causa.

CS Professional · Drafting, Appearances and Pleadings · PYQS · June 2021
Distinguish between Gift and Donatio Mortis-Causa.

Answer & Explanation:

A "Donato Mortis-causa" is a gift made in expectation of death during illness. An ordinary "Gift" made at any time. A "Donato Mortis-causa" condition is implied that the gift shall not take effect if the donor recovers from the illness. In a "Gift", this condition is not implied. A "Donato Mortis-causa" relates to any movable property but an ordinary "Gift" may relate even to immovable property. Donato Mortis-causa is resumable at the will of the donors. Ordinary "Gift" resumable at the will of the donor is void. Donato Mortis-causa takes effect only upon the death of the donor and ordinary "gift" takes effect immediately.

Topics: Transfer of Property Act

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