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

Section 122 requires acceptance by or on behalf of the donee within the donor’s lifetime and while the donor is capable of giving. If the donee dies before the gift is…

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Under section 122 of the Transfer of Property Act, 1882, what happens to a gift if the donee dies before accepting it and it has not been accepted on the donee’s behalf?

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Answer and explanation

Correct answer B

Section 122 requires acceptance by or on behalf of the donee within the donor’s lifetime and while the donor is capable of giving. If the donee dies before the gift is accepted, it is void.

Option feedback

Option A

Delivery does not displace the statutory requirement of acceptance before the donee’s death.

Option B

Section 122 makes the gift void if the donee dies before it is accepted.

Option C

Section 122 classifies the gift as void in these circumstances.

Option D

The donee’s heirs cannot cure the absence of timely acceptance under section 122.

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