Legal Principle lsquo Gift 39 means transfer of certain existing property made voluntarily and witho...........

Legal Concepts Legal Words

Legal Principle: ‘Gift' means transfer of certain existing property made voluntarily and without consideration, by a donor, to a donee, and accepted by or on behalf of the donee during thelifetime of the donor.

Facts: Amit executed a gift deed for property ‘X’ in favour of Sooraj, who happened to be Amit’s loyalservant’s son settled in the U.S. Two months thereafter, Amit died without leaving a will regarding hisassets. Amit’s children initiated steps to partition his entire property, including property ‘X’ amongthemselves. At that time, Sooraj came to India, and learning about the gift, claimed the property ‘X’.

Sooraj can legally get the property ‘X’, as soon as he gets to know about the gift.

Sooraj cannot legally claim the property ‘X’ because, the children of Amit have already initiated stepsfor partition.

Sooraj can claim the property ‘X’, because, his acceptance of the gift is implicit by his conduct ofclaiming the property as soon as he came to know about the gift.

Sooraj apparently did not comply with the essential requirements of a gift and hence, the entireproperty including property 'X', can be partitioned among the children of Amit

Explanation:

As per the principle: "Gift' means transfer of certain existing property made voluntarily and without consideration, by a donor, to a donee, and accepted by or on behalf of the donee during the lifetime of the donor." Sooraj apparently did not comply with the essential requirements of a gift and hence, the entireproperty including property 'X', can be partitioned among the children of Amit. Hence, option 4 is the correct answer.