Question:
Legal Principle: A 'Gift' means the 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, the son of his loyal servant who lived in the U.S.
Two months later, 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, learned about the gift, and claimed property 'X'.
Legal Principle: A 'Gift' means the 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, the son of his loyal servant who lived in the U.S.
Two months later, 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, learned about the gift, and claimed property 'X'.
Facts:
Amit executed a gift deed for property 'X' in favour of Sooraj, the son of his loyal servant who lived in the U.S.
Two months later, 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, learned about the gift, and claimed property 'X'.
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A gift must be accepted while the donor is alive; acceptance after death is invalid under Indian property law.
Updated On: Aug 14, 2025
- 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 in 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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The Correct Option is D
Solution and Explanation
Step 1: Understanding the Legal Principle
According to the Transfer of Property Act, 1882, for a gift to be valid: \begin{itemize} \item It must be made voluntarily. \item It must be without consideration. \item The property must be in existence at the time of transfer. \item The gift must be accepted by the donee or on his behalf during the lifetime of the donor. \item Such acceptance must occur while the donor is still alive, otherwise the gift is void. \end{itemize} Step 2: Applying the Facts
- Amit executed the gift deed in favour of Sooraj. - However, Sooraj was in the U.S. and there is no evidence of his acceptance during Amit's lifetime. - Acceptance after the donor’s death does not meet the legal requirement for a valid gift. - Therefore, the gift never became complete and enforceable. Step 3: Evaluating the Options
- Option 1: Incorrect — Knowledge after donor’s death is not sufficient; acceptance must occur during donor’s life.
- Option 2: Incorrect — The issue is not about partition proceedings but about validity of the gift itself.
- Option 3: Incorrect — Implicit acceptance after donor’s death does not satisfy the law.
- Option 4: Correct — Since acceptance did not occur during Amit’s lifetime, the gift is incomplete, and property 'X' can be legally partitioned among Amit’s children. Step 4: Conclusion
The essential legal requirement of acceptance during the donor's lifetime was not fulfilled. Hence, Sooraj’s claim fails. \[ \boxed{\text{The gift is void for lack of timely acceptance.}} \]
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