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

A gift must be accepted by or on behalf of the donee during the donor’s lifetime while the donor can still give. Section 122 expressly makes the gift void if the donee dies…

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Under section 122 of the Transfer of Property Act, 1882, what happens to a gift if the donee dies before it has been accepted?

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Answer and explanation

Correct answer A

A gift must be accepted by or on behalf of the donee during the donor’s lifetime while the donor can still give. Section 122 expressly makes the gift void if the donee dies before acceptance.

Option feedback

Option A

Section 122 expressly prescribes voidness in this situation.

Option B

Acceptance by or on behalf of the donee is essential under section 122.

Option C

Section 122 makes the gift void on the stated facts. The result does not depend on the donor’s election.

Option D

Acceptance after the donee’s death cannot revive a gift that section 122 has made void.

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