ONEROUS GIFT-
PRINCIPLES OF ONEROUS GIFT
ONEROUS GIFT is based upon the maxim 'qui sntit commodum sentire debet et onnus' It means he who receives advantage must bear the burden also.
DEFINITION OF ONEROUS GIFT-
Where a gift is 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 accept it fully .
Where a gift is in the form of two or more separate and independent transfer 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 letter onerous .
ILLUSTRATIONS -
A has share in X , a prosperous joint stock company , and also shares in Y , a Joint stock company i difficulties. heavy calls are expected in respected 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 TO A 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 become so bound .
CONCLUSION -
Thus a gift may not always be of a purely beneficial character but may at time be burdened with obligations e.g. when shares in company subjects to heavy calls formed the subject matter of the gift . One cannot approbate and reprobate the same transaction . thus one cannot accept beneficial part only by rejecting obligatory part of transaction.
S. 127 is based on simple principle that one who wants the rose must not fair thorns . The donee has to elect or accept the whole gift or not to accept anything at all.
PRINCIPLES OF ONEROUS GIFT
ONEROUS GIFT is based upon the maxim 'qui sntit commodum sentire debet et onnus' It means he who receives advantage must bear the burden also.
DEFINITION OF ONEROUS GIFT-
Where a gift is 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 accept it fully .
Where a gift is in the form of two or more separate and independent transfer 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 letter onerous .
ILLUSTRATIONS -
A has share in X , a prosperous joint stock company , and also shares in Y , a Joint stock company i difficulties. heavy calls are expected in respected 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 TO A 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 become so bound .
CONCLUSION -
Thus a gift may not always be of a purely beneficial character but may at time be burdened with obligations e.g. when shares in company subjects to heavy calls formed the subject matter of the gift . One cannot approbate and reprobate the same transaction . thus one cannot accept beneficial part only by rejecting obligatory part of transaction.
S. 127 is based on simple principle that one who wants the rose must not fair thorns . The donee has to elect or accept the whole gift or not to accept anything at all.
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