The provisions relating to "Onerous gift" have provided under Transfer of Property Act, 1882 in
A. Section 127
B. Section 124
C. Section 125
D. Section 126
Answer: Option A
Solution(By Examveda Team)
Onerous Gift:An onerous gift refers to a gift that comes with certain obligations, liabilities, or burdens attached to it. Under the Transfer of Property Act, 1882, if a gift consists of both beneficial and burdensome properties, the donee must either accept or reject the entire gift. The donee cannot choose to accept only the beneficial part and reject the burdensome part.
Correct Answer: Section 127
The concept of an onerous gift is covered under Section 127 of the Transfer of Property Act, 1882. This section states that if a gift includes properties that impose obligations or liabilities, the donee has the right to either accept the whole gift with its burdens or reject it entirely. However, if the donee is a minor, he is not bound by such an onerous gift, and upon attaining majority, he may choose to accept or reject it.
Explanation:
1. If a person gifts multiple properties to another person, where some properties are beneficial while others carry burdens, the recipient must accept or refuse the whole gift.
2. A minor donee is not bound to accept an onerous gift, and after attaining majority, they have the option to accept or disclaim it.
3. The principle behind this provision is fairness, preventing donees from cherry-picking only the profitable parts of a gift while discarding the burdensome ones.
Thus, the correct answer is Option A: Section 127.
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