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Subramania Ayyar Vs. Sitha Lakahmi - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Judge
Reported in(1897)ILR20Mad147
AppellantSubramania Ayyar
RespondentSitha Lakahmi
Excerpt:
transfer of property act - act iv of 1883, section 127--onerous gift to an infant--acceptance. - .....donee and the donoe died a minor, there is no complete gift which binds the donor.2. we think the gift is complete. section 127 section 127: ['where a gift is in the form of a single transfer to the same person of several onerous gift 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 gi ft 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 formor may be beneficial and the latter onerous. a donee not competent to contract and accepting property burdened by any obligation is not bound by his acceptance but if, after becoming com- onerous gift to.....
Judgment:

1. The Subordinate Judge has found as a fact that the property given was delivered to and accepted by the deceased minor, wife of the plain tiff, who now sues for the property given. It is contended before us that inasmuch as the deed of gift imposed an obligation on the donee and the donoe died a minor, there is no complete gift which binds the donor.

2. We think the gift is complete. Section 127

Section 127: ['Where a gift is in the form of a single transfer to the same person of several

Onerous gift 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 gi ft 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 formor may be beneficial and the latter onerous.

A donee not competent to contract and accepting property burdened by any obligation

is not bound by his acceptance But if, after becoming com-

Onerous gift to disquali- petent to contract and being awaro of the obligation, ho retains

fied person. the property given, he becomes so bound.]

3. The decision of the Subordinate Judge is right.

4. The second appeal fails and is dismissed with costs.


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