Vedang
in Cyber Law
Asked September 11, 2013

A made a gift of a house to B with whom he had past illicit cohabitation?

  • 2 Answers
  • 166 Views

A made a gift of a house to B with whom he had past illicit cohabitation. Is this transfer valid? will it make any difference if A's connection with B is adulterous?

Answers 2

Default avatar
Kinnori

Gift as covered in Transfer of Property act, 1882 can be made by any major capable of making a contract to any one. Gifts to minor are valid.

In this case, 'A' has made the gift of a house to his partner with whome he shared illicit relationship, that does not make the gift invalid or illegal. Section 122 of TP Act defines gift and sec 123 of TP act determines it transfer. 

The TP Act does not make a gift illegal or invalid on the ground that it has been transfered to the partner who enjoyed a illicit relationship with the donor. 

The adulterous relationship shared between the donor and the donee of the gift, does not make the gift invalid.

Agree Comment 0 Agrees almost 4 years ago

Default avatar
Anupama

'Gift' has nothing to do with 'sanctity' of the relationship. As long as A has a clear title to his house and is legally entitled to make such a gift, then such  transfer is valid.

Agree Comment 0 Agrees almost 4 years ago

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