Question

DIRECTIONS: The question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion. Such principles may or may not be true in the real sense, yet you have to conclusively assume them to be true. In other words, in answering the following question, you must not rely on any principles except the principle that are given herein below. Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest in the study of law, research aptitude, and problem-solving ability.

Principle: If a person transfers movable or immovable property with its full ownership and without any consideration to some other person, then it is called a gift.

Facts: S, who has no child of his own, makes a gift of his house worth ₹25 lacs to his nephew R. After completing all the legal formalities required for a valid gift, S says to R that in case of need R will provide that house to S for use without any questions. R does not react to it. After one year of this gift, S really needs that house and request R to make the house available to him, but R refuses to do so.

पर्याय

• R cannot refuse as he got the house without paying  any consideration for that  

• R cannot refuse as S is without children

• R can refuse as he has become the full owner of the house

• R can refuse as he himself may be in need of that house

Answer 1

R can refuse as he has become the full owner of the house

Explanation:

According to the principle given, when a person transfers property with its full ownership and without any consideration to some other person, then it is called a gift. In this case, R can refuse, because he is the full owner of the house which he received as a gift from S after completing all the legal formalities.