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Under Section 122 of the Transfer of Property Act, 1882, in the case of a gift, if the donee dies…

Section 122 of the Transfer of Property Act, 1882 defines a 'gift' and mandates that the acceptance of the gift by or on behalf of the donee must be made during the lifetime…

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Under Section 122 of the Transfer of Property Act, 1882, in the case of a gift, if the donee dies before acceptance, then:

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Answer and explanation

Correct answer B

Section 122 of the Transfer of Property Act, 1882 defines a 'gift' and mandates that the acceptance of the gift by or on behalf of the donee must be made during the lifetime of the donor and while he is still capable of giving. The final sentence of Section 122 explicitly provides: 'If the donee dies before acceptance, the gift is void.' Because a gift is a personal offer until accepted, the donee's heirs cannot accept it after the donee's death.

Option feedback

Option A

Incorrect. Lack of acceptance prior to the donee's death prevents the gift from ever taking effect; it is not voidable.

Option B

Correct. Section 122 of the Transfer of Property Act, 1882 expressly states that if the donee dies before acceptance, the gift is void.

Option C

Incorrect. Acceptance during the lifetime of both donor and donee is an essential requisite of a valid gift under Section 122.

Option D

Incorrect. Section 122 makes the gift void if the donee dies before acceptance. The donee's heirs cannot accept the gift after the donee's death.

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