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Section 127 - Onerous gifts : Transfer of Property Act, 1882

 

 

What is Onerous gifts? Section 127 of Transfer of Property Act, 1882

Section 127 of Transfer of Property Act 1882 : "Onerous gifts"

127. Where a gift is in the form of a single transfer to the same person of several things of which one is, and the others are not, burdened by an obligation, the donee can take nothing by the gift unless he accepts it fully.

Where a gift is in the form of two or more separate and independent transfers to the same person of several things, the donee is at liberty to accept one of them and refuse the others, although the former may be beneficial and the latter onerous.

Onerous gift to disqualified person.
A donee not competent to contract and accepting property burdened by any obligation is not bound by his acceptance. But if, after becoming competent to contract and being aware of the obligation, he retains the property given, he becomes so bound.

 

Illustrations
(a) A has shares in X, a prosperous joint stock company, and also shares in Y, a joint stock company, in difficulties. Heavy calls are expected in respect of the shares in Y. A gives B all his shares in joint stock companies. B refuses to accept the shares in Y. He cannot take the shares in X.

(b) A, having a lease for a term of years of a house at a rent which he and his representatives are bound to pay during the term, and which is more than the house can be let for, gives to B the lease, and also, as a separate and independent transaction, a sum of money. B refuses to accept the lease. He does not by this refusal forfeit the money.

 

TRANSFER OF PROPERTY ACT 1882

Section 126 - When gift may be suspended or revoked

Section 127 - Onerous gifts

Section 128 - Universal donee

Section 129 - Saving of donations mortis causa and Muhammadan law

CHAPTER VIII
TRANSFERS OF ACTIONABLE CLAIMS

Section 130 - Transfer of actionable claim

 

 

Section 130A - Transfer of policy of marine insurance (Repealed)

Section 131 - Notice to be in writing, signed

Section 132 - Liability of transferee of actionable claim

Section 133 - Warranty of solvency of debtor

Section 134 - Mortgaged debt

Section 135 - Assignment of rights under policy of insurance against fire

 

 

Section 135A - Assignment of rights under policy of marine insurance (Repealed)

Section 136 - Incapacity of officers connected with Courts of Justice

Section 137 - Saving of negotiable instruments, etc

 

 

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