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Introduction .................................................................................................................. 3
Conclusion .................................................................................................................... 11
Bibliography ................................................................................................................. 12
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Table of Cases
Shri Kishan vs. Hari Narayan, AIR 2008 NOC 567 All.
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Introduction
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person (the donor or grantor) to another (the donee or grantee)
without full valuable consideration.
Sec 122 of the Transfer of Property Act defines a gift which has the
following essential requisites:-
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Gift: Definition
Gift has been defined in Sec. 122 of Transfer of Property Act, 1882
which states gift as is the transfer of certain existing moveable or
immoveable property made voluntarily and without consideration, by
one person, called the donor, to another, called the donee, and
accepted by or on behalf of the donee. Acceptance when to be
made.Such acceptance must be made during the lifetime of the
donor and while he is still capable of giving. If the donee dies before
acceptance, the gift is void.
1
Blacks Law Dictionary.
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Valid Gift: Essentials
(b) The Donor: The donor is the person who gives. Any person who
is sui juris can make a gift of his property. A minor, being incompetent
to contract is incompetent to transfer, and a gift by the minor would
therefore be void trustees cannot make a gift out of trust property
unless authorized by the terms of the contract.
(c) The Donee: The donee is the person who accepts the gift, by or
on behalf of a person who is not competent to contract. A minor
therefore may be a donee; but if the gift is onerous, the obligation
cannot bee enforced against him while he is a minor. But when he
attains majority he must either accept the burden or return the gift.
2
Munni Devi vs. Chhoti,AIR 1983 All. 444.
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made to a child en ventre sa mere and could be accepted on its
behalf.
(e) the transfer; and the acceptance: The transfer of such property
wether movable or immovable will not be considered as a deed of gift
untill and unless such transfer of property is not followed by the
acceptance f the donee.
The donee may refuse such gifts which are not benificial for him thus
acceptance of donee is necessary.4
3
Ajmer singh vs. Atma Singh, AIR 1985 P& H 315.
4
Shri Kishan vs. Hari Narayan, AIR 2008 NOC 567 All.
5
Damodar RaviRajan vs. T.D.Rajappa,AIR 1992 Ker. 397.
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Onerous Gift: Definition
Thus one can draw out two important features from Onerous gift i.e.
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Universal Donee: Definition
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Onerous Gift and Universal Donee: Difference
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Conclusion
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References
www.indiankanoon.org/gift-valid-gift
www. wikipedia.org/onerous-gift/obligatios
www.lawman.org
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