Question

Which of the following is NOT an essential of a valid gift:

• A. It is a transfer of certain existing movable or immovable property.
• B. It is made voluntarily.
• C. It is made without consideration.
• D. It must be accepted by or on behalf of the donee during the lifetime of the donor, even if the donor becomes incapable of giving the property.
• A. physical delivery of possession.
• B. absence of consideration.
• C. voluntary disposition.
• D. vesting of the right in praesenti.
• A. If the disposition is to take effect on the death of the executant, it will be a Settlement. But, if the executant divests his interest in the property and vests his interest in praesenti in the transferee, the document will be a Will.
• B. Whether the disposition is to take effect on the death of the executant or the executant divests his interest in the property and vests his interest in praesenti in the transferee, the document will nevertheless remain a Settlement.
• C. If the disposition is to take effect on the death of the executant, it will be a Will. But, if the executant divests his interest in the property and vests his interest in praesenti in the settlee, the document will be a Settlement.
• D. If the disposition takes effect on the assumption of death of the executant, it shall be a will.
• A. A gift may be suspended or revoked.
• B. A gift comprising both existing and future property is valid in totality.
• C. Delivery of possession is not a condition sine qua non to validate the gift.
• D. In so far as gift of an immovable property is concerned, registration is mandatory.
• A. It is revocable, as no interest in the property is intended to pass during the lifetime of the testator.
• B. It is revocable, despite interest in the property being passed under the Will during the lifetime of the testator.
• C. It is revocable because registration is not mandatory.
• D. It is irrevocable because registration is not mandatory.

Answer 1

The Correct Option is D

Step 1: Understanding the Question:
The question asks to identify the statement that is NOT an essential requirement for a valid gift under the law.
Step 2: Key Formula or Approach:
The essentials of a valid gift are defined in Section 122 of the Transfer of Property Act, 1882.
Step 3: Detailed Explanation:
Section 122 defines a "gift" as 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. The section further adds a crucial condition for acceptance: "Such acceptance must be made during the lifetime of the donor and while he is still capable of giving."
Let's analyze the options:

(A), (B), and (C) are correct essentials of a valid gift.
(D) states that acceptance must happen during the donor's lifetime, which is correct. However, it adds the clause "even if the donor becomes incapable of giving the property." This contradicts the explicit requirement of Section 122. If the donor becomes legally incapable of giving (e.g., becomes insane) before the gift is accepted, the gift is void. Therefore, this statement is incorrect.
Step 4: Final Answer:
The statement in option (D) is not a correct essential of a valid gift because acceptance must be made while the donor is both alive and capable of giving.

Answer 2

Step 1: Understanding the Question:
The question asks to identify the common element shared by a Gift, a Settlement, and a Will.
Step 2: Detailed Explanation:
Let's examine each option:

(A) physical delivery of possession: This is not common to all. For a gift of immovable property, registration is required, not necessarily physical delivery. For a Will, possession is transferred only after the testator's death.

(B) absence of consideration: This is a defining feature of a Gift. While many settlements and all wills are also made without consideration, a settlement (e.g., a marriage settlement) can sometimes be supported by consideration. Therefore, it's not a universally common element.

(C) voluntary disposition: This is the core element common to all three. A gift must be made voluntarily. A settlement is a voluntary arrangement to dispose of property. A will is a person's voluntary declaration of their intentions regarding their property after their death. All three are acts of the owner's free will. The passage also mentions "a voluntary disposition can transfer the interest".

(D) vesting of the right in praesenti: This means the interest is transferred immediately. This is true for gifts and settlements. However, a Will is revocable and only takes effect upon the death of the testator; no interest vests in the beneficiary *in praesenti*.

Step 3: Final Answer:
The common thread linking a Gift, Settlement, and Will is that they are all forms of voluntary disposition of property.

Answer 3

Step 1: Understanding the Question:
The question provides the legal test to distinguish a Will from a Settlement and asks to choose the option that correctly applies this test. The test is: does the interest transfer immediately (*in praesenti*) or upon the death of the executant?
Step 2: Detailed Explanation:
Let's apply the test provided in the question stem:

Will: The disposition of interest takes effect only after the death of the executant (testator). It is revocable during the testator's lifetime.
Settlement: The disposition of interest takes effect immediately (*in praesenti*), divesting the executant of their interest and vesting it in the settlee. It is generally irrevocable. The passage clarifies that even reserving a life interest for oneself doesn't make it a will, as the property has already vested in the settlee.
Now let's check the options:

(A) This option reverses the definitions.
(B) This option is incorrect as it claims the document is always a settlement regardless of the test.
(C) This option correctly states both parts of the test. If the effect is upon death, it's a Will. If the interest vests immediately (*in praesenti*), it's a Settlement. This is the correct proposition.
(D) This is a correct statement about a Will but is incomplete compared to option (C) which provides the full comparison.
Step 3: Final Answer:
Option (C) accurately describes the distinction between a Will and a Settlement based on the timing of the vesting of interest.

Answer 4

Step 1: Understanding the Question:
The question asks to identify the incorrect statement about the law of gifts from the given options.
Step 2: Key Formula or Approach:
The validity of these propositions is determined by the Transfer of Property Act, 1882, specifically Sections 122-129.
Step 3: Detailed Explanation:


(A) A gift may be suspended or revoked: This is correct. Section 126 of the TPA allows for a gift to be suspended or revoked upon the happening of a specified event not dependent on the will of the donor. For example, a gift may be made revocable if the donee predeceases the donor.

(B) A gift comprising both existing and future property is valid in totality: This is INCORRECT. Section 124 of the TPA explicitly states that a gift comprising both existing and future property is void as to the latter. A gift can only be made of existing property. Therefore, such a gift is not "valid in totality."

(C) Delivery of possession is not a condition sine qua non to validate the gift: This is correct. For immovable property, Section 123 of the TPA states that a gift must be effected by a registered instrument. The registration itself validates the transfer of title, and physical delivery of possession is not a pre-condition for the gift's validity.

(D) In so far as gift of an immovable property is concerned, registration is mandatory: This is correct. Section 123 of the TPA and Section 17 of the Registration Act, 1908, make the registration of an instrument of gift of immovable property compulsory.

Step 4: Final Answer:
The incorrect statement is that a gift of existing and future property is valid in its entirety. The law holds such a gift to be void with respect to the future property.

Answer 5

Step 1: Understanding the Question:
The question asks to identify the correct statement describing the fundamental nature of a Will.
Step 2: Detailed Explanation:
A Will (or testament) is a legal declaration of the intention of a testator with respect to his property, which he desires to be carried into effect after his death. Let's analyze the core characteristics:


Ambulatory Nature: A Will is ambulatory, meaning it is not final and can be changed or revoked by the testator at any time during their life, as long as they are of sound mind.

Post-Mortem Effect: A Will has no effect until the death of the testator. No interest in the property is transferred to the beneficiary during the testator's lifetime.

Now let's check the options:

(A) It is revocable, as no interest in the property is intended to pass during the lifetime of the testator: This statement is perfectly correct. The revocable nature of a Will stems from the fact that it is not a transfer *inter vivos* (between living persons) and only takes effect upon death. Until then, it is merely a declaration of intent.

(B) This is incorrect because the premise "interest in the property being passed... during the lifetime" is false for a Will.

(C) The revocability of a Will is an inherent legal characteristic, not a consequence of whether it is registered or not. Even a registered Will can be revoked.

(D) This is incorrect. A Will is fundamentally revocable.

Step 3: Final Answer:
The correct proposition is that a Will is revocable precisely because it is a testamentary disposition that transfers no interest until the testator's death.