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Under section 122 of the Transfer of Property Act, 1882, what happens if the donee dies before the gift…

Acceptance must occur by or on behalf of the donee during the donor’s lifetime and while the donor is still capable of giving. If the donee dies before acceptance, section…

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Under section 122 of the Transfer of Property Act, 1882, what happens if the donee dies before the gift has been accepted by the donee or on the donee’s behalf?

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Correct answer B

Acceptance must occur by or on behalf of the donee during the donor’s lifetime and while the donor is still capable of giving. If the donee dies before acceptance, section 122 makes the gift void.

Option feedback

Option A

An offer by the donor is insufficient. Section 122 requires acceptance.

Option B

Section 122 expressly provides that a gift is void if the donee dies before acceptance.

Option C

Section 122 makes the gift void without any election by the donor.

Option D

Later acceptance cannot cure the consequence fixed by section 122 at the donee’s death.

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