Indian Succession Act,1925
Act No : 39
Section :
Property transferable by gift made in contemplation of death.
191. Property transferable by gift made in contemplation ofdeath.-(1) A man may dispose, by gift made in contemplation of death,of any moveable property which he could dispose of by will. (2) A gift is said to be made in contemplation of death where aman, who is ill and expects to die shortly of his illness, delivers,to another the possession of any moveable property to keep as a giftin case the donor shall die of that illness. (3) Such a gift may be resumed by the giver; and shall not takeeffect if he recovers from the illness during which it was made; norif he survives the person to whom it was made. Illustrations (i) A, being ill, and in expectation of death, delivers to B, tobe retained by him in case of A's death,-- a watch: a bond granted by C to A: a bank-note: a promissory note of the Central Government endorseed in blank: a bill of exchange endorsed in blank: certain mortgage-deeds.121 A dies of the illness during which he delivered these articles. B is entitled to-- the watch: the debt secured by C's bond: the bank-note: the promissory note of the Central Government: the bill of exchange: the money secured by the mortagage-deeds. (ii) A, being ill, and in expectation of death, delivers to B thekey of a trunk or the key of a warehouse in which goods of bulkbelonging to A are deposited, with the intention of giving him thecontrol over the contents of the trunk, or over the deposited goods,and desires him to keep them in case of A's death. A dies of theillness during which he delivered these articles. B is entitled to thetrunk and its contents or to A's goods of bulk in the warehouse. (iii) A, being ill, and in expectation of death, puts asidecertain articles in separate parcels and marks upon the parcelsrespectively the names of B and C. The parcels are not deliveredduring the life of A. A dies of the illness during which he set asidethe parcels. B and C are not entitled to the contents of the parcels.
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