Onerous Gifts Defined

What is the Meaning of Onerous Gifts in Property Law

Section 127 of the Transfer of Property Act, 1882, defines onerous gifts. This section regarding onerous gifts is based on the maxim- ‘Qui sentit commodum, sentire debet et onus‘ which means ‘he who receives advantage must bear the burden also.’

The rule is that if a gift is in the form of single transfer to the same person of several things of which one is burdened by an obligation, and the others not, the donee can take nothing by the gift unless he accepts fully.

Bare Acts

The principle is that he who accepts the benefit of a transaction must also accept the burden of the same.

But where the gift of several properties is made in the form of two or more separate or independent transfer, the donee is at full liberty to accept any of them and reject the rest.

Transfer of Property Act, 1882