Meaning of expressions
Querist :
Anonymous
(Querist) 30 October 2011
This query is : Resolved
donee accept gift in life time of donor.what is this expression.
Guest
(Expert) 30 October 2011
Unless you write full sentence, it may not be possible to make any meaning of the expression.
However, donee means the receiver of gift while the donor is a person who gives or donates the gift.
prabhakar singh
(Expert) 30 October 2011
Experts are right.This is not the way to ask any question.However you do not have any question but rather you have problem of understanding
a language.The expression simply means that if a gift has been made by the donor,the donee if wants to accept the same then he can do so only till donor is alive but not after donors' death.
ajay sethi
(Expert) 30 October 2011
agree with mr prabhakar singh . donnee has to accept gift made by donor
Guest
(Expert) 31 October 2011
Probably the author has stated just a part of some text, which would have been made with specific reference to the second sub-para of Sec.122 of the Transfer of Property Act, which reads as under:
"Acceptance when to be made.—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.
It seems he has read only part of the sentence of that text. Had he read the complete sentence, he himself would have been able to understand the meaning of the legal provision.
Querist :
Anonymous
(Querist) 31 October 2011
is there any person in this who will not accept gift.i think it is negative expression.it means untill donor accept in real terms.
prabhakar singh
(Expert) 31 October 2011
YOUR CONCEPTION IS DEVOID OF MERIT.
THE CONCEPT IS BASED ON MORALS. YOU CAN NOT GIVE ME SOME THING I DO NOT ACCEPT.
EVERY BODY IS NOT FOND OF ACCEPTING CHARITY AS YOU CONCEIVE.
THAT IS WHY DONOR IS NOT GREAT BUT DONEE IS WITHOUT WHOSE ACCEPTANCE THE TRANSACTION CAN NEVER BE COMPLETE.
IF A LARGER SECTION OF ANY SOCIETY HAS GONE UNDER TRAINING OF DISHONESTY AND GREED THIS DOES NOT MEAN VALUES RECOGNIZED SINCE TIME IMMEMORIAL IN EVERY GEOGRAPHY OF LAND HAVE LOST THERE VALUES.
Sankaranarayanan
(Expert) 31 October 2011
mr prabhakar given correct answer,what exactly you need from us
all learned frds are explained with in their way of expression too.
As simple as the gift by some one then sure the donee mush have happy
Querist :
Anonymous
(Querist) 31 October 2011
ok prabhakar ji u r right but one still need elucidation.suppose donor talk about giving gift.but after some time it is donor who changed his idea of gifting property.now who can be said to have not accepted gift.to my mind it is donor but sec 123 says its donee.sec 123 is correctly worded but in real life its donor whose acceptance matter..i m talking about initial want of gifting or not gifting and its real expression.
prabhakar singh
(Expert) 31 October 2011
Dear Anonymous!
You do need to brush your basic teeth.
hence please buy the paste and brush
provided in Indian Contract Act 1872,
every thing will then get clean.section
2 of the Act is brush and sections 3to 9 are paste in my reference for the particular purpose then study provisions contained in TPA,not before that.
Understand!
Querist :
Anonymous
(Querist) 31 October 2011
If the donor dies before acceptance the gift becomes void. Factum of acceptance can be established by different circumstances such as donee taking possession of the property or being in possession of the gift deed.he is neither in possession nor have gift deed becous gift deed itself is got by fraud.in this situation there is no valid acceptance by donor.i m talking about valid acceptance.want of free will on part of donor is missing so no acceptance and gift is void and can be declared so.donee's acceptance has great value but donee is not the all in one in concept of gift.
Querist :
Anonymous
(Querist) 31 October 2011
acceptance fraught with fraud,undue influence have the effect of changing entire scene.
Guest
(Expert) 31 October 2011
Dear Author,
The law does not speak about mere talk about giving gift. Talking to do something and doing something is quite different. Section 123 does not speak about talk but about registered deed, if you give a property as gift to someone.
If you have already gifted your property to some one, where is the need of your consent? The act of gifting is a deed not a mere talk or consent on your part. However, without the consent of the other party, i.e., the donee, who is has not accepted the gift formally, the transaction will not complete.
Guest
(Expert) 31 October 2011
Dear Author,
You must understand, why I asked you to write full sentence. But, you wanted opinion of experts hypthetically, merely on partial information without providing any background of the case or the real problem you are facing. Now you are trying to widen the scope of your question, but still in parts without making a mention of the real problem to which you desire solution.
About your latest post, it can very well be be said, unless you sign a gift deed neither the question of acceptance by donee, nor the question of fraud can arise.
However, if someone has forcibly got the gift deed signed by you, the registering authority would not register the gift deed without asking for the genuineness from you, as a donor of the property. You can very well point out to the registering authority about the fraud under pressure, if any, being thrust on you.
Guest
(Expert) 31 October 2011
In the situation given by you when the donor has already died and there is no gift deed or acceptance before his death, you can very well prove forgery and cheating on the part of the donee.
Querist :
Anonymous
(Querist) 31 October 2011
kartari singh v/s keval singh..this case is in tune of my averments.finally i want to say if gift is devoid of free will on part of donor then sec 123 changes.i will say gift is not accepted by donee but actually gift is not accepted by donor.although this word is not used that gift is not accepted by donor but meaning is clear.
prabhakar singh
(Expert) 31 October 2011
There is no question of acceptance of Gift on the part of donor as he dons and does not accept the donation ,the acceptance has always to be made by donee.You are unable to comprehend the point correctly.There may be a situation that after the Gift ,the donor disputes the GIFT like any contract that the same is voidable /void as the same was not made by
his own free will and his consent was induced by coercion ,fraud or misrepresentation or undue influence etc.[then here you need to understand provisions of chapter II of the Indian Contract act ,more particularly sections 13 to 19A].
Now I am sure you have not gone through provisions of ICA in manner one should go with,that is why you are laboring in such confusions.
Learn to read first bare provisions of any enactment so that you may be able to find out elements contained there in.Case laws
teaches you several logical dimensions which you can understand only when there is clarity in your mind about provisions.
prabhakar singh
(Expert) 31 October 2011
You should under stand that any agreement can be challenged on the ground of 'want of free consent'not only gift but a sale or any thing
of the like.An agreement which is otherwise lawful and constitute as an enforceable contract is always with a risk of challenge by any party to it that his consent to it was NOT FREE,that being the case ,every contract
is always voidable at the option of any party to it and the same option when gets proved in the court of law the VOIDABLE becomes VOID on decree passed by court.
prabhakar singh
(Expert) 31 October 2011
@Dhingra ji!
In fact he does not have a live problem.
he is simply trying to out smart experts on the basis of his confused knowledge.I am sure he is either an advocate or/academia appearing in anonymity and trying to establish that his misconceptions are the real interpretation for which he is not ready to accept concepts advanced to him but rather trying to build that he is rightly conceiving the things,it is here i find him in danger.??
Querist :
Anonymous
(Querist) 31 October 2011
agreement is a contract voidable at the option of donor.i got confused in etymology of 123.
prabhakar singh
(Expert) 31 October 2011
Truly said 'Law is nothing but common sense'
but unfortunately most of the gentry lacks it.
Guest
(Expert) 31 October 2011
Dear Anonymous author,
From your supplementary replies with partial information or supplemetary queries, I really wonder whether you are really engrossed with any problem or are concerned with merely finding of the history of the words used in section 123!
You have stated that you "got confused in etymology of 123," whereas the term "etymology" denotes "the history of a linguistic form (as a word) shown by tracing its development since its earliest recorded occurrence in the language where it is found, by tracing its transmission from one language to another, by analyzing it into its component parts, by identifying its cognates in other languages, or by tracing it and its cognates to a common ancestral form in an ancestral language," as described in the Meriam Webster dictionary.
If you read properly the Section 123 of the TPA, you can find that the said section, in itself, is very clear and does not maake any mention of the word "consent". The said section merely speaks about the process of transfer by gift deed. So, it is not understood from where you have brought the question of consent of the donor?
Before adding more confusion to your own understanding, better try to read the whole process of gifting instead of trying to read between the lines.
Guest
(Expert) 31 October 2011
Respected Prabhakar ji,
I also sense the same thing about the author, as you have guessed about him. But, if he is an advocate and is trying to misinterpret even the simple terms of law, he would just be trying to play with his own career, besides losing his dignity in the eyes of the experienced experts, like you.
