High CourtsDivision Bench(1896) 11 MAD CK 0021

Subramania Ayyar vs Sitha Lakahmi

Madras High Court · Decided on 12 November 1896 · Citation: (1897) ILR (Mad) 147

HON’BLE JUDGES
Subramania Ayyar, J · Boddam, J

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Judgment

15 paragraphs · 264 words
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 donor 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 former 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 disqualify - patent to contract and being aware of the obligation, ho retains

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

of the Transfer of Property Act only gives the minor the right to repudiate on attaining majority; such repudiation became impossible in the present case.

3.

The decision of the Subordinate Judge is right.

4.

The second appeal fails and is dismissed with costs.