Please go throgh the following.
Gift in contemplation of death (donatio mortis causa): Section 129 of the Transfer of Property Act deals with a gift made by a person in contemplation of death i.e., the donor is seriously ill and there is a possibility of an ensuing death. Such a gift applies only to moveable property.
Such a gift takes place and comes into effect only on the death of the donor unlike in the case of normal gift, which comes into effect during the lifetime of the donor itself.
It is specifically provided that this section shall not override any provisions of the Mohammedan Law relating to such gift and hence this is not applicable to Muslims.
Actionable Claim: This term is defined in Section 3 of the Act. The points to be highlighted from the definition of the Actionable Claim are as follows:
It means a claim to any debt other than a debt secured under a mortgage or hypothecation or pledge on any immovable or moveable property, possession of which is given to person or institution which gave the loan.
An Actionable Claim is a plain unsecured debt which can be claimed by a person against another person and which can be enforced in civil courts according to law.
Right to benefit of a contract falls within the definition of Actionable Claim.
An Actionable Claim is transferable and inheritable and it is deemed to be a property in the hands of the person who has the claim.
