What is an onerous bequest under section 122 of the Indian Succession Act, 1925?
Section 122 requires a legatee to accept an onerous bequest in full to take under it. Section 123 allows separate and independent bequests to be accepted or refused…
Choose your answer
What is an onerous bequest under section 122 of the Indian Succession Act, 1925?
Answer and explanation
Correct answer C
Section 122 requires a legatee to accept an onerous bequest in full to take under it. Section 123 allows separate and independent bequests to be accepted or refused individually.
Option feedback
Option A
A choice between separate gifts does not by itself impose an obligation on the legatee.
Option B
Section 122 permits full acceptance, so an onerous bequest is not necessarily void.
Option C
The statutory feature is an obligation imposed on the legatee.
Option D
Section 122 turns on the existence of the obligation. Difficulty of performance is unnecessary.
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Karnataka Higher Judicial Service