| 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 the lifetime of the donor. |
| Fact Situation Amit executed a gift deed for property 'X' in favour of Sooraj, who happened to be Amit's loyal servant's son settled in the US Two months thereafter, Amit died without leaving a will regarding his assets. Amit's children initiated steps to partition his entire property, including property "X' among themselves. At that time, Sooraj came to India, and learning about the gift, claimed the property 'X'. |
| Which among the following proposition w true? |
A) Sooraj can legally get the property X as soon as he gets to know about the gift.
B) Sooraj cannot legally claim the property 'X' because, the children of Amit have already initiated steps for partition.
C) Sooraj can claim the property 'X', because, his-acceptance of the gift is implicit by his conduct of claiming the property as soon as he came to know about the gift.
D) Sooraj apparently did not comply with the essential requirements of a gift a"" hence, the entire property including property 'X', can be partitioned among the children of Amit.
Correct Answer: D
Solution :
Sol. According to the fact situation, Sooraj apparently did not comply with the essential requirements of a gift and hence, the entire property including property 'X', can be partitioned among the children of Amit because Legal Principle states that '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.
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