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Under section 122 of the Transfer of Property Act, 1882, what is the effect of a donee’s death if the…

A gift must be accepted by or on behalf of the donee during the donor’s lifetime and while the donor is capable of giving. The gift is void if the donee dies before…

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Under section 122 of the Transfer of Property Act, 1882, what is the effect of a donee’s death if the gift has never been accepted by the donee or on the donee’s behalf?

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Answer and explanation

Correct answer B

A gift must be accepted by or on behalf of the donee during the donor’s lifetime and while the donor is capable of giving. The gift is void if the donee dies before acceptance.

Option feedback

Option A

Section 122 still requires timely acceptance.

Option B

Section 122 expressly makes the gift void in these circumstances.

Option C

The statute makes the gift void without requiring the donor to elect to avoid it.

Option D

Later acceptance by the heirs does not cure the donee’s death before acceptance.

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