Which of the following gifts is valid under the Transfer of Property Act, 1882?
Under Section 122 read with Section 127 of the Transfer of Property Act, 1882, although a minor cannot be a donor because Section 7 requires the transferor to be competent…
Choose your answer
Which of the following gifts is valid under the Transfer of Property Act, 1882?
Answer and explanation
Correct answer A
Under Section 122 read with Section 127 of the Transfer of Property Act, 1882, although a minor cannot be a donor because Section 7 requires the transferor to be competent to contract, a minor is competent to be a donee and can validly accept a non-onerous gift (as affirmed by the Supreme Court in K. Balakrishnan v. K. Kamalam, (2004) 1 SCC 581). By contrast, a gift of future property is void under Section 124, and a gift accepted after the donor's death is void under Section 122 because acceptance must take place during the lifetime of the donor and while he is still capable of giving. Similarly, under Section 6(h) of the Transfer of Property Act, a transfer for an unlawful object or consideration within the meaning of Section 23 of the Indian Contract Act, 1872 is invalid.
Practice for these exams
-
All India Bar Examination (AIBE)
Subject revision
See pack details on LawMint.net -
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
Uttarakhand Judicial Services
-
CLAT PG
Subject revision for a passage-based exam
-
CUET PG Law (LL.M.)
Subject revision
-
AILET PG
Subject revision
-
Bihar Judicial Services
Subject revision