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Section 125: Gift to several of whom one does not accept

Transfer of Property Act • Official Statutory Text & Practice Guide

Statutory Regulation
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Competent Court / Tribunal
Act 1882
Section 124 All 137 Sections of Transfer of Property Act Section 126

Legal Commentary & Landmark Judgments: Section 125

Section 125 regulates gifts made to several donees of whom one does not accept, providing that the gift is void as to the share of the donee who refuses or fails to accept.

  • Gift to Joint Donees: Where a gift of property is made to two or more donees of whom one does not accept.
  • Void as to Non-Accepting Share: It is void as to the interest which he would have taken if he had accepted.
  • Shares of Accepting Donees Preserved: The gift remains valid for all other donees who accept their shares; the refusing donee's share reverts to the donor (it does not automatically augment other donees' shares unless a right of survivorship was specified).
Key Landmark Precedents:
  • K. Balakrishnan v. K. Kamalam, (2004) 1 SCC 581: The Supreme Court noted that acceptance is an indispensable requirement of a valid gift; under Section 125, refusal by one donee does not defeat the gift for accepting donees.
  • Asokan v. Lakshmikutty, (2007) 13 SCC 210: Affirmed that acceptance can be express or implied, but non-acceptance results in reversion of that share under Section 125.
Courtroom Practice & Strategic Litigation Guidance:

Ensure all joint donees sign the gift deed or take physical delivery of possession to demonstrate individual acceptance under Section 122 and Section 125.

Section 124 All 137 Sections of Transfer of Property Act Section 126