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DIRECTIONS (71-80): This section consists of fifty(50)questions. Each question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts These principles have to be applied to the given facts to arrive at the most reasonable conclusion Such principles may or may not be true in the real sense, yet you have to conclusively assume them to be true for the purposes of this section In other words, in answering the following questions, you must not rely on any principles except the principles that are given here in below for every question. Further you must not assume any facts other than those stated in the question. The objective of this section is to test your interest towards study of law, research aptitude and problem solving ability even if the "most reasonable conclusion" arrived at may be unacceptable for any other reason. It is not the objective of this section to test your knowledge of law.
Principle: If a person transfers movable or immovable property with its full ownership and without any consideration to some other person, then it is called a gift.
Facts: S, who has no child of his own, makes a gift of his house worth Rs. 25 lacsto his nephewR. After completing all the legal formalities required fora valid gift, S says to R that in case of need R will provide that house to S for use without any questions. R does not react to it. After one year of this S really needs that house and request R to make the house available to him, but R refuses to do so.

A
R cannot refuse as he got the house without paying any consideration for that
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B
R cannot refuse as S is without children
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C
R can refuse as he has become full owner of the house
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D
R can refuse as he himself may be in need of that house
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Solution

The correct option is C R can refuse as he has become full owner of the house
  • "Gift" is the transfer of certain existing moveable or immoveable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee, and accepted by or on behalf of the donee. Such acceptance must be made during the lifetime of the donor and while he is still capable of giving. If the donee dies before acceptance, the gift is void.
  • According to the principle given, when a person transfers property with its full ownership and without any consideration to some other person, then it is called a gift In this case R can refuse, because he is the full owner of the house which he received as a gift from S after completing all the legal formalities.


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