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प्रश्न
Legal Principle: ‘Gift' means a transfer of certain existing property made voluntarily and without consideration, by a donor, to a donee, and accepted by or on behalf of the donee during the lifetime of the donor.
Facts: Amit executed a gift deed for property ‘X’ in favour of Sooraj, who happened to be Amit’s loyal servant’s son settled in the U.S. Two months thereafter, Amit died without leaving a will regarding his assets. Amit’s children initiated steps to partition his entire property, including property ‘X’ among themselves. At that time, Sooraj came to India, and learning about the gift, claimed the property ‘X’.
पर्याय
Sooraj can legally get the property ‘X’, as soon as he gets to know about the gift.
Sooraj cannot legally claim the property ‘X’ because, the children of Amit have already initiated steps for partition.
Sooraj can claim the property ‘X’, because, his acceptance of the gift is implicit by his conduct of claiming the property as soon as he came to know about the gift.
Sooraj apparently did not comply with the essential requirements of a gift and hence, the entire property including property 'X', can be partitioned among the children of Amit.
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उत्तर
Sooraj apparently did not comply with the essential requirements of a gift and hence, the entire property including property 'X', can be partitioned among the children of Amit.
Explanation:
Section 5 of the Transfer of Property Act,1882, the gift is the transfer of certain existing movable or immovable 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 -Acceptance of the gift after its execution is a legal requirement and Donee must accept the gift during the lifetime of the donor. In case the donee fails to accept the gift, it is rendered invalid. The acceptance may be validated by acts such as taking possession of the property. According to the explanation given above acceptance of Sooraj for the gift was a legal requirement, to be fulfilled within the lifetime of Amit, however, in the case presented to us this requirement was not fulfilled and hence Sooraj cannot claim the property "X" and it can be distributed among the children of Amit. Thus option (4) is the correct answer.
APPEARS IN
संबंधित प्रश्न
The Contract Act came into force
LEGAL PRINCIPLE A minor is not competent to contract.
FACTUAL SITUATION Deep, a 9th standard student realises that he is a minor, he is not permitted by law to execute a contract, appoints on Mandeep as his agent to conclude the purchase of land to gift it to his mother on her birthday. Mandeep accordingly prepares the papers for the transaction but at the last minute, the seller who had agreed to sell it now refuses to sell it contending that he does not wish to sell the land to a minor. Deep seeks to enforce the contract against the seller.
Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts and select the most appropriate answer.
Principle: A contract without consideration is void. When at the desire of one party the other party does something, the consideration is said to flow from the latter to the former.
Facts: A's house was .on fire and a child was trapped inside the house. Everyone was shouting for help. A brave onlooker, hearing the shrieks of a child, went inside the house and brought him out. The father of the child promised to pay the rescuer Rs.10,000. Subsequently, he backtracked his promise. The rescuer sued the promise for the breach.
Principle: Acceptance should be made while the offer is still subsisting. The offer or is free to retract his offer at any time before his offer gets accepted by the offeree. Once the offer is withdrawn or is lapsed, it is not open to being accepted so as to give rise to a contract. Similarly, if time is prescribed within which the offer is to be accepted, then the offer must be accepted within the prescribed time. And if no time is prescribed, then the acceptance must be made within a reasonable time. 'What is a reasonable time', is a question of fact which is to be determined by taking into account all the relevant facts and surrounding circumstances.
Facts: 'X' makes an offer to 'Y' to sell his equipment for ₹1000.00. No time is specified for acceptance. 'Y' sends his reply two years after receiving the offer.
Which of the following derivations is correct?
Principle: A contract that is duly supported by real and lawful consideration is valid not withstanding the fact that the consideration is inadequate. The quantum of consideration is for the parties to decide at the time of making a contract and not for the courts (to decide) when the contract is sought to be enforced. An agreement to which the consent of the promisor is freely given is not void merely because the consideration is inadequate, but the inadequacy of the consideration may be taken into account by the court in determining the question of whether the consent of the promisor was freely given.
Facts: 'A' agrees to sell his mobile phone worth ₹20000 for ₹100 only to ‘B’ as the content is freely given.
Which of the following derivations is correct?
LEGAL PRINCIPLE: An agreement is void if its object is unlawful.
FACTUAL SITUATION: Sunil had a rich uncle who owned prime property in Chennai and had a lot of money in the bank. Being the only heir. Sunil was sure that he would inherit the property. One day, the uncle called him to his room and announced that he planned to marry again. This angered Sunil and he plans to murder his uncle so he hired Anuj, a murderer, and entered into a contract with him to kill his uncle. Sunil agreed to pay ₹10 lakhs to Anuj and even paid 5 lakhs as advance. The following night Anuj entered the uncle's house intending to kill him. On reaching there, he realised that Sunil's uncle was already dead so he left without doing anything. The next day, after the post mortem report, it transpired that Sunil's uncle had died due to heart attack. Now, Sunil wants to recover the advance from Anuj. Will he succeed?
DECISION:
LEGAL PRINCIPLES:
1. Consideration must be of value in the eyes of law.
2. Consideration is not real if it is illusory.
FACTUAL SITUATION: Arjun received a summons to appear at a trial as a witness on behalf of Bitu, the accused. Bitu promised to pay him a sum of ₹1,000 for his trouble. On default by Bitu, Arjun filed a suit to recover the said sum. Will he succeed?
DECISION:
Principle: When a person represents to another something like a true fact knowing well truly that it is not true," he is guilty of fraud. The person subjected to fraud may avoid an agreement.
Factual Situation: A presents a horse for sale. The' horse is kept on display so that anyone interested could examine it. The horse has a cracked hoof and it is cleverly concealed by the owner. B tells "if you do not deny it, I Shall assume that the horse is sound." A keeps silent. B purchases the horse.
Decision
Study the following information and answer the question that follows:
Principle: A 'fixture' is something attached to the land or a building in such a way that it is regarded as an irremovable part of the property you are considering buying. Some typical 'fixtures' in a home include the hot water service, range top, wall oven, fixed floor coverings, light fittings, and a built-in (under bench) dishwasher. Garden plants, including bushes and trees, are also 'fixtures'.
Rule A. When land is sold, all 'fixtures' on the land are also deemed to have been sold.
Rule B. If a movable thing is attached to the land or any building on the land, then it becomes a 'fixture'.
Factual Situation Khaleeda wants to sell a plot of land she owns in Beghmara (Meghalaya) and the sale value decided for the plot includes the fully-furnished palatial six-bedroom house that she has built on it five years ago. She sells it to Gurpreet for ₹60 lakh. After completing the sale, she removes the expensive Iranian carpet which used to cover the entire wooden floor of one of the bedrooms. The room had very little light and Khaleeda used this light-coloured radiant carpet to negate some of the darkness in the room. Gurpreet, after moving in, realises this and files a case to recover the carpet from Khaleeda.
Assume that in the above fact scenario, Khaleeda no longer wants the carpet. She removes the elaborately carved door to the house after the sale has been concluded and claims that Gurpreet has no claim to the door. The door in question was part of Khaleeda's ancestral home in Nagercoil (Tamil Nadu) for more than 150 years before she had it fitted as the entrance to her Beghmara house.
As a judge you would decide in favour of
LEGAL PRINCIPLE: A person is said to be of sound mind for the purpose of making a contract if, at the time when he makes it, he is capable of understanding it and of forming a rational judgment as to its effect upon his interests.
FACTUAL SITUATION: Mr. X who is usually of sound state of mind, but occasionally of unsound state of mind, enters into a contract with Mr. Y when he was of unsound state of mind. Mr. Y having come to know about this fact afterward, wants to file a suit against Mr. X.
DECISION:
