Section 127 in The Transfer Of Property Act, 1882
127. Onerous gifts.—
Where a gift is in the form of a single transfer ... 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
case that the gift deed is 1943 is not simple gift, but it is either a conditional or onerous gift, and there is no presumption ... acceptance of an onerous gift, acceptance of the gift itself, is not sufficient, but an acceptance of the onerous condition also at the same time
given in gift to the predecessors-in-interest of the defendants,
but it was not an unconditional gift. It was an onerous gift with ... 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
other, although the former may be beneficial and
the latter onerous.
Onerous gifts to disqualified person:- A donee not
competent to contract and accepting property ... 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
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 ... gift but, there is also a
presumption of acceptance. With regard to acceptance of
gift, law is settled that, if the gift is non-onerous
person gifts properties to another and it is
not an onerous gift, one may expect the other to
accept such a gift when once ... another thing to say that the same constituted an onerous gift.
What, however, was necessary is to prove undue influence so as to
bring
guardian, if it is possible, or
through him.
"127. Onerous gifts Where a gift is in the form of a single
transfer ... 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
this Court has held that,
"Since it is not an onerous gift, a very slight evidence is sufficient to prove acceptance. The circumstances themselves ... person gifts a property to another and it is not an onerous gift, one may expect the other to accept such gift when once
beneficiary with anything more than the corpus, it was not an onerous gift and must therefore be accepted as a valid creation of a trust ... losses the subject-matter itself was a liability and, therefore, an onerous gift to the minors who could repudiate it on becoming majors
gift was not delivered
over to the donees".
(underline supplied)
Therefore, though there is no presumption regarding acceptance of gift though
not onerous, when ... stated that Ext.A1 is not a onerous gift. There is no case or evidence
that Malingan chuzhali Ashari was unaware of the gift
