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

Section 122 requires acceptance by or on behalf of the donee during the donor’s lifetime while the donor can still give. If the donee dies before acceptance, the gift is void.

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

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Answer and explanation

Correct answer C

Section 122 requires acceptance by or on behalf of the donee during the donor’s lifetime while the donor can still give. If the donee dies before acceptance, the gift is void.

Option feedback

Option A

Section 122 declares the gift void on these facts. It leaves no completed gift to avoid by election.

Option B

The donee’s death does not replace acceptance.

Option C

Section 122 expressly makes the gift void if the donee dies before acceptance.

Option D

Section 122 gives the donor’s heirs no election that can cure the absence of acceptance before the donee’s death.

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