‘A’ gives Rupees one lakh to ‘B’, reserving to himself, with ‘B’s assent, the right to take back at…
The gift is valid for Rs. 90,000 and void for the Rs. 10,000 that A reserves the right to take back at pleasure. Section 126 makes a gift void to the extent that revocation…
Choose your answer
‘A’ gives Rupees one lakh to ‘B’, reserving to himself, with ‘B’s assent, the right to take back at pleasure Rupees 10,000 out of the lakh. What would be the validity of such a gift under the provisions of the Transfer of the Property Act, 1882?
Answer and explanation
Correct answer C
The gift is valid for Rs. 90,000 and void for the Rs. 10,000 that A reserves the right to take back at pleasure. Section 126 makes a gift void to the extent that revocation depends merely on the donor's will. B's assent does not cure that defect, and it does not invalidate the independently irrevocable balance.
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