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Question
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’.
Options
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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Solution
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.
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