'A' makes a gift of a house to 'B' with whom he has had past illicit cohabitation. Is this transfer:
Under Section 122 of the Transfer of Property Act, 1882, a gift is a gratuitous transfer of existing property made voluntarily and without consideration. Under Section…
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'A' makes a gift of a house to 'B' with whom he has had past illicit cohabitation. Is this transfer:
Answer and explanation
Correct answer B
Under Section 122 of the Transfer of Property Act, 1882, a gift is a gratuitous transfer of existing property made voluntarily and without consideration. Under Section 6(h)(2) of the Transfer of Property Act, 1882 read with Section 23 of the Indian Contract Act, 1872, a transfer is void only if its object or consideration is unlawful or immoral, such as future illicit cohabitation. Where a gift is made solely on account of past illicit cohabitation, past cohabitation is merely the motive for the gift and not its object or consideration, so the gift is valid.
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