All India Bar Examination (AIBE) 4-IV Previous Year Question Papers with Answers

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76.

Which Section of transfer of property Act deals with onerous gift?

A: Section 127
B: Section 126
C: Section 125
D: Section 124

The answer is: A

Explanation

The correct option is A: Section 127.

This section of the Transfer of Property Act, 1882, deals with the topic of onerous gifts. According to this section, an onerous gift is a gift that consists of a single transfer of several things, of which one or more are burdened by an obligation, and the others are not.

For example, if A gives B a house and a car, but the house has a mortgage on it, then it is an onerous gift. The donee (the person who receives the gift) can take nothing by the gift unless he accepts it fully, which means he has to accept both the benefit and the burden of the gift. This rule is based on the principle that he who receives advantage must also bear the burden.