Gifts MCQ Quiz in मल्याळम - Objective Question with Answer for Gifts - സൗജന്യ PDF ഡൗൺലോഡ് ചെയ്യുക

The correct answer is 'Void as to the latter'

Key Points

• Explanation of the rule:
  • A gift is a voluntary transfer of ownership of property by one person (the donor) to another (the donee) without any consideration.
  • According to legal principles, a gift can only be valid for property that exists at the time of the gift. Future property, or property that the donor does not currently own but may acquire in the future, cannot be gifted.
  • Hence, when a gift includes both existing and future property, it is valid only for the existing property. The portion concerning future property is considered void because the donor does not have the legal ownership or authority to transfer future property at the time of the gift.

Additional Information

• Overview of incorrect options:
  • Option 1 - Valid: A gift comprising future property cannot be valid because the donor does not have ownership rights over future property at the time of gifting.
  • Option 2 - Void: The entire gift is not void; only the portion concerning future property is void. The gift of existing property remains valid.
  • Option 3 - Voidable: Voidable refers to agreements that can be enforced or canceled at the discretion of one party due to certain circumstances (e.g., fraud or coercion). This concept does not apply to gifts involving future property.
  • Option 5 - No mention: This option is irrelevant and does not correspond to the legal principle governing gifts of existing and future property.
• Legal basis:
  • The principle that future property cannot be gifted is grounded in property and contract law, ensuring that only valid ownership rights can be transferred at the time of the transaction.

The correct answer is 'Void'

Key Points

• Section 122 of the Transfer of Property Act, 1882:
  • Under this section, a gift is defined as the voluntary transfer of ownership of property by one person (donor) to another (donee) without consideration.
  • The transfer must be accepted by the donee during the lifetime of the donor and while the donor is still capable of making such a gift.
  • If the donee does not accept the gift during the donor's lifetime, the gift becomes void.
  • Further, if the donee dies before accepting the gift, the acceptance cannot take place, which renders the gift void as per the law.

Additional Information

• Explanation of why other options are incorrect:
  • Option 1 - Valid: A gift cannot be valid unless it is accepted by the donee during the donor's lifetime. If the donee dies before acceptance, the gift is not valid.
  • Option 2 - Illegal: A gift that is not accepted does not become illegal; it simply becomes void. The term "illegal" refers to actions prohibited by law, which is not applicable in this case.
  • Option 3 - Voidable: A voidable gift implies that it is valid until it is annulled or avoided by one of the parties. In this case, however, the gift becomes void outright due to the lack of acceptance, and there is no option to make it valid afterward.
  • Option 4 - Void: This is the correct answer, as explained above. The gift becomes void if the donee dies before acceptance.
• Conditions for a valid gift under Section 122:
  • The donor must voluntarily transfer the property without consideration.
  • The donee must accept the gift during the lifetime of the donor and while the donor is capable of making the gift.
  • The gift must be made through a registered document if the property is immovable.

The correct answer is consideration

Key Points

• Under Section 122 of the Transfer of Property Act, 1882, a gift is defined as the transfer of certain existing movable or immovable property made voluntarily and without consideration by one person (donor) to another (donee) and accepted by or on behalf of the donee.
• Essential elements of a valid gift:
  • Donor and Donee – There must be a competent donor and an identifiable donee.
  • Property – The gift must involve existing movable or immovable property.
  • Transfer and Acceptance – The gift must be transferred voluntarily, and it must be accepted by the donee during the lifetime of the donor.
  • Consideration – Not required. A gift must be made without consideration, which distinguishes it from a contract or sale.

The correct answer is 'Is voidable at the option of donor'

Key Points

• Validity of gifts under undue influence:
  • A gift of immovable property made through a deed is a legal transfer of ownership from the donor to the donee.
  • However, if the gift is made under undue influence, it means that the donee has unfairly influenced the donor to make the gift.
  • In such cases, the law allows the donor the option to rescind or cancel the gift, making it voidable at the donor's option.
  • This protects the donor from being exploited through undue influence.

Additional Information

• Explanation of other options:
  • Option 1: 'Is void' - This is incorrect because a gift made under undue influence is not automatically void, but voidable at the donor's discretion.
  • Option 2: 'Is valid and binding' - This is incorrect as a gift made under undue influence cannot be considered valid and binding without the donor's free will.
  • Option 3: 'Is voidable at the donee's option' - This is incorrect because the right to void the gift rests with the donor, not the donee.
• Legal protection against undue influence:
  • The law provides mechanisms to protect individuals from being coerced into making decisions against their will, ensuring fairness and voluntariness in transactions.
  • Undue influence is a ground for rescinding contracts and gifts to prevent exploitation and ensure justice

The correct answer is 'Muslims'

Key Points

• Section 123 of the Transfer of Property Act:
  • Section 123 pertains to the transfer of property through a gift deed. This section stipulates the processes and requirements necessary for transferring property as a gift.
  • It mandates that a gift of immovable property must be effected through a registered instrument signed by the donor and attested by at least two witnesses.
  • However, this section does not apply to Muslims, as they follow their personal laws for property transfer, which are based on Islamic law (Sharia).

Additional Information

• Christians:
  • Christians in India are governed by the Indian Succession Act, 1925, but they must comply with Section 123 for the transfer of property through gifts.
• Buddhists:
  • Buddhists in India are also subject to the Transfer of Property Act, including Section 123, for property transfers through gifts.
• Jains:
  • Jains follow the same legal framework as Hindus under the Hindu Succession Act, 1956, but they must adhere to Section 123 for gift transactions.

The correct answer is Void

Key Points

• As per Section 122 of the Transfer of Property Act, 1882, a gift is defined as:
• "The transfer of certain existing movable or immovable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee, and accepted by or on behalf of the donee."
  • Essential Requirement: Acceptance by the donee is mandatory for the validity of a gift.
  • Timing of Acceptance: The acceptance must occur during the lifetime of the donor and while the donee is still alive.
  • If the donee dies before accepting the gift, the gift fails and becomes void because the fundamental requirement of acceptance is not fulfilled.

The correct answer is 'OPTION 4'.

Key Points

• Transfer of Property Act and Gifts:
  • Under the Transfer of Property Act, a gift of property is considered valid only when it is accepted by the donee (recipient).
  • The acceptance must occur during the lifetime of the donor and while the donor is still capable of giving.
  • If the donee dies before accepting the gift, the gift is rendered void.

Additional Information

• Voidable:
  • A voidable contract or transaction is one that can be canceled by one of the parties, often due to misrepresentation, undue influence, or other defects. A gift under the Transfer of Property Act is not voidable if the donee dies before acceptance; it is simply void.
• Valid:
  • A valid gift is one that meets all legal requirements, including acceptance by the donee. If the donee dies before acceptance, the gift cannot be considered valid.
• Onerous Gift:
  • An onerous gift is one that comes with certain obligations or conditions attached. The concept of an onerous gift does not apply to the situation where the donee dies before acceptance.

The correct answer is 'Option 1'.

Key Points

• Section 122 of the Transfer of Property Act:
  • This section deals with the concept of 'gift' as defined under the Transfer of Property Act, 1882.
  • A gift is the transfer of certain existing movable or immovable property made voluntarily and without consideration, by one person (the donor) to another (the donee), and accepted by or on behalf of the donee.
  • Acceptance must be made during the lifetime of the donor and while he is still capable of giving.
  • If the donee dies before acceptance, the gift is rendered void.

Additional Information

• Voidable:
  • A voidable contract or transaction is one that is valid and enforceable on its face, but may be rejected by one of the parties.
  • In the context of gifts, voidable does not apply as the acceptance by the donee is necessary for the gift to be valid.
• Valid:
  • A valid gift is one that has been accepted by the donee during the lifetime of the donor and while he is capable of giving.
  • If the donee dies before acceptance, the gift cannot be considered valid.
• None of these options:
  • This option is incorrect because the correct status of the gift when the donee dies before acceptance is 'void'.

The correct answer is Option 3

Key PointsSection 128 deals with the concept of a "universal donee," which refers to someone who receives a gift consisting of all the property owned by the donor. According to this section, when a person receives such a comprehensive gift, they become personally responsible for all the debts and liabilities that the donor had at the time of the gift. However, their responsibility is limited only to the value of the property they received as a gift. In other words, if the donor had debts and the recipient received everything the donor owned as a gift, the recipient is responsible for paying off those debts, but only up to the amount that the gifted property is worth.

The correct answer is Option 4

Key Points Section 105: Lease Defined

• A lease is a legal agreement where one party (the lessor) allows another party (the lessee) the right to use an immovable property (like land or a building) for a specified time, in exchange for a payment or other compensation.
• This payment can be in the form of money, a share of crops, services, or any other valuable benefit, provided regularly or at specific times.

Section 106: Duration of Certain Leases

• Agricultural or Manufacturing Leases: If there is no written contract specifying the duration, these leases are assumed to last from year to year. Either party can end the lease by giving six months’ notice.
• Other Purposes: Leases for purposes other than agriculture or manufacturing are considered monthly leases. They can be terminated by either party with fifteen days’ notice.
• Notice Periods: The time frames for notices start from when the notice is received.
• Notice Requirements: All notices must be written and signed. They can be sent by post, given directly to the relevant party, or if neither of those is possible, affixed to a visible part of the leased property.

Section 111: Determination of Lease
A lease can end in several ways:

• Natural Expiry: When the time period specified in the lease runs out.
• Conditional Time Limit: If the lease ends on a specific condition, and that condition occurs.
• Lessor’s Interest Ends: If the lessor’s legal right or ownership of the property ends.
• Merger: If the lessor and lessee become the same entity or person, merging their interests.
• Express Surrender: The lessee voluntarily gives up the lease rights back to the lessor by mutual agreement.
• Implied Surrender: Actions by the lessee imply they’ve given up their lease rights.
• Forfeiture: The lease can be terminated if the lessee violates specific conditions allowing the lessor to reclaim the property, renounces their leasehold, or is declared insolvent, provided the lessor notifies the lessee of the intention to terminate.
• Notice to Quit: The lease ends following a formal notice to end or quit the lease from one party to the other.

Section 122: Gift Defined

• A gift involves voluntarily transferring ownership of movable or immovable property from one person (the donor) to another (the donee) without expecting anything in return.
• The donee must accept the gift while the donor is still alive and capable of making the donation. If the donee dies before accepting the gift, then the gift is considered void.