Section 127: Onerous gifts

Transfer of Property Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1882

Legal Commentary & Landmark Judgments: Section 127

Section 127 codifies the law regarding onerous gifts, establishing that where a gift comprises a single transfer of several things of which one is burdened by an obligation, the donee can take nothing unless he accepts it fully, while allowing separate acceptance of distinct transfers.

  • Single Onerous Transfer [Sec 127(1)]: Where a gift is in the form of a single transfer to the same person of several things of which one is, and the others are not, burdened by an obligation, the donee can take nothing by the gift unless he accepts it fully.
  • Separate Gifts Rule [Sec 127(2)]: Where a gift is in the form of two or more separate and independent transfers to the same person, the donee is at liberty to accept the beneficial ones and reject the onerous ones.
  • Onerous Gift to Disqualified Donee [Sec 127(3)]: A donee not competent to contract (minor) who accepts property burdened by an obligation is not bound by his acceptance upon attaining majority; he must then make an election to retain or repudiate.
Key Landmark Precedents:
  • K. Balakrishnan v. K. Kamalam, (2004) 1 SCC 581: The Supreme Court authoritatively analyzed onerous gifts under Section 127, holding that a gift to a minor subject to a mortgage or liability is valid, but the minor on attaining majority has the option to repudiate under Section 127(3).
  • Asokan v. Lakshmikutty, (2007) 13 SCC 210: Affirmed that acceptance of a gift coupled with conditions creates an onerous gift governed by Section 127.
Courtroom Practice & Strategic Litigation Guidance:

If gifting valuable land alongside heavily indebted commercial property in a single deed, the donee cannot cherry-pick the unencumbered land; they must accept both or reject both under Section 127(1).