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 lacs to his nephew R. After completing all the legal formalities required for a 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 gift, S really needs that house and request R to make the house available to him, but R refuses to do so.

R cannot refuse as he got the house without paying any consideration for that

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R cannot refuse as S is without children

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R can refuse as he has become full owner of the house

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R can refuse as he himself may be in need of that house

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Solution

The correct option is D R can refuse as he has become full owner of the house
Section 122 of Transfer of Property act 1882 tells about the term Gift i.e. when the ownership of the property is transferred to another person without any consideration in return, is called as gift. Here in the given situation, S gifts his house to R. Although he asked R to give it back if required, but as R did not react to S that means, no verbal consent was there, neither S has done any paperwork regarding the conditional taking back of gift. Still the house was gifted by S to R. Hence as the ownership of house was completely transferred to R, he has got all the rights over the property. Hence he can very well the request of S. The correct answer is C.

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Q. 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.

Q. Principle Where there is transfer of ownership of one thing for the ownership of some other thing it is called exchange, while transfer of ownership for consideration of money is called sale, whereas without consideration it becomes gift.
Facts 'A' transfers his house worth Rs

50

lakh to 'B' for a shopping building worth the same amount, as consideration from 'B'.

Q. Principle: Nobody shall make use of his property in such a way as to cause damage to others. Any such use constitutes private nuisance, a wrongful act under the law of torts.

Factual Situation: Vasan owned a house, adjacent to a cluster of houses, owned by Varadan. Varadan was leasing out these houses, whereas Vasan was living in his house. When Vasan was transferred to another place, he leased out his house to a person suffering from AIDS. Fearing the spread of AIDS, the tenants moved out of Varadan's houses. Varadan requested Vasan to evict the AIDS patient and he offered to fix a suitable tenant for Vasan's house, if the AIDS patient is evicted. But Vasan refused by arguing that AIDS would not spread as feared by Vardan's tenants. Vardan filed a suit against Vasan.

Q. PRINCIPLE: A gift comprising both existing and future property is void as to the latter.
FACTS: 'X' has a house which is owned by him. He contracted to purchase a plot of land adjacent to the said house, but the sale (of the plot of land) in his favour is yet to be completed. He makes a gift of both the properties (house and land) to "Y".
Under the afore-mentioned circumstances, which of the following derivations is CORRECT?

Q. PRINCIPLE: Where there is transfer of ownership of one thing for the ownership of some other thing, it is called exchange; while transfer of ownership for consideration of money is called sale, whereas, without consideration it becomes gift.
FACTS: 'A' transfers his house worth Rs. 50 lakhs to 'B' for a shopping building worth the same amount, as consideration, from 'B'.

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