Legal Principle: ‘Gift' means transfer of certain existing property made voluntarily and without consideration, by a donor, to a donee, and accepted by or on behalf of the donee during the lifetime of the donor.
Facts: Amit executed a gift deed for property ‘X’ in favour of Sooraj, who happened to be Amit’s loyal servant’s son settled in the U.S. Two months thereafter, Amit died without leaving a will regarding his assets. Amit’s children initiated steps to partition his entire property, including property ‘X’ among themselves. At that time, Sooraj came to India, and learning about the gift, claimed the property ‘X’.
Correct Answer :
Sooraj apparently did not comply with the essential requirements of a gift and hence, the entire property including property 'X', can be partitioned among the children of Amit.
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