Test: The Gift - CLAT PG MCQ

The types of gifts recognized under the Transfer of Property Act include Gift Inter Vivos (during the lifetime of the donor), Gift Mortis Causa (in anticipation of death), and Gift Testamentary (through a will). An onerous gift involves obligations placed on the donee but is not classified as a type of gift under this Act.

According to Section 7 of the Transfer of Property Act, 1882, a person must be competent to transfer property. This means the donor must be of sound mind and must have attained the age of majority. Since a minor cannot enter into a valid contract, any gift made by a minor is considered void.
Therefore, Correct Answer - Option D

For a gift to be valid, the property being gifted must exist at the time of the transfer. Future property cannot be gifted, meaning the gift must pertain to property that is currently owned by the donor.

A conditional gift permits the donor to attach specific conditions to the gift, as long as these conditions are legal and enforceable. This flexibility allows donors to ensure that their intentions are honored while giving.

If a gift is made to multiple donees and one cannot accept it, the other donees will take the entire property. This principle ensures that the intention of the donor is honored as much as possible, maintaining the integrity of the gift.

Section 123 of the Transfer of Property Act mandates that a gift of immovable property must be made through a registered instrument. This ensures legal recognition and protection of the transfer, highlighting the importance of formalizing such gifts.

A gift mortis causa is specifically intended to take effect only upon the donor's death, distinguishing it from other gifts that are effective immediately. This type of gift is often associated with the donor's last wishes, similar to a will.

A gift can be revoked if the donor and donee mutually agree to suspend or revoke it upon the occurrence of a specified event. This mutual agreement must be documented, emphasizing the importance of consent in the revocation of gifts.

Under Mohammedan Law, gifts made for charity (Sadaka) cannot be revoked once they are given, reflecting the principle of charitable intent. This emphasizes the commitment to charitable giving within Islamic law, contrasting with other forms of gifts that may allow for revocation.

An onerous gift involves conditions that impose obligations or burdens on the donee. For example, if a property with an existing mortgage is gifted, the donee may be required to take on the burden of that mortgage, making the gift onerous.

Registration of a gift deed for immovable property is necessary for enforcement purposes but does not affect the validity of the gift itself. The gift takes effect from the date of execution, even if registration occurs later.

A universal donee is one who receives the entire property of the donor and is liable for all debts and liabilities of the donor that existed at the time of the gift. This concept protects creditors and clarifies the extent of the donee’s responsibilities.

A gift, as defined by the Transfer of Property Act, 1882, is a voluntary and gratuitous transfer of ownership of property without any monetary consideration. This means that the donor gives the property freely, without expecting anything in return, distinguishing it from a sale or transaction that involves payment.

A donor cannot revoke a gift simply because they changed their mind. Once a valid gift is made (i.e., with intent, delivery, and acceptance), it is generally irrevocable unless specific legal grounds exist, such as fraud, undue influence, or failure of a condition subsequent.
Therefore, Correct Answer - Option D

Acceptance of a gift must take place during the donor's lifetime and while they are capable of giving. If the donee dies before acceptance, the gift becomes void, emphasizing the importance of timely acceptance in the gift process.