Ownerous gift according to transfer of property act
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MarkUltra commented
2 months ago
It is a quite complex thing for me, to be honest. It was always too difficult to know all this features
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My grandperents prerented me their apartment after they moved to the house in the countryside. I will remember that day forever. They made a double gift. They presented me two beautiful rings as well. They said the fisrt one was for me and the second was for my future wife. It was a touching moment in my life.
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When several things are attached and transferred as gift by single transaction and some of them are beneficial and others are burdensome, the donee takes nothing by gift unless he accepts it fully.
Dear Uma
**Onerous gifts**
Where a gift in the form of a single transfer to the same person of several 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 gift 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.
Onerous gift to disqualified person: A donee not competent to contract and accepting property burdened by any obligation is not bound by his acceptance. But if, after becoming competent to contract and being aware of the obligation, he retains the property given, he becomes so bound.
Example - A has shares in X, a prosperous joint stock company, and also shares in Y, a joint stock company in difficulties. Heavy calls are expected in respect of the shares in Y. A gives B all his shares in joint stock companies. B refuses to accept the shares in Y. He cannot take the shares in X.
**Onerous gift according to transfer of property act**
Onerous gift means burdensome gift.
When several things are attached and transferred as gift by single transaction and some of them are beneficial and others are burdensome, the donee takes nothing by gift unless he accepts it fully.
Where the gift is in the form of 2 or more independent transfers the donee is at liberty to accept one of them and refuses the other.
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