ONEROUS GIFTS

Onerous Gifts is defined under Section 127 of Transfer of Property Act, 1882(all links automatically open in new tabs.)

This section is based on the maxim

Qui sentit commodum, sentire debet et onus
It 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.

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

 

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