Section 127 in The Transfer of Property Act, 1882
Title: Onerous gifts
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 done can take nothing by the gift unless he accepts it fully.
Where a gift is in the form of two or more separate and independent transfers to the same person of several things, the done is at liberty to accept one of them and refuse the others, although the former may be beneficial and the latter onerous.
Onerous gift to disqualified person.-- A done not competent to contract and accepting property burdened by any obligation is not bound by his acceptance. But if, after becoming competent to contract and being aware of the obligation, he retains the property given, he becomes so bound.
(a) A has shares in X, a prosperous joint stock company, and also shares in Y, a joint stock company, in difficulties. Heavy calls are expected in respect of the shares in Y. A given B all his shares in joint stock companies. B refuses to accept the shares in Y. He cannot take the shares in X.
(b) A, having a lease for a term of years of a house at a rent which he and his representatives are bound to pay during the term, and which is more than the house can be let for, given to B the lease, and also, as a separate and independent transaction, a sum of money. B refuses to accept the lease. He does not by his refusal forfeit the money.
Title: Universal donee.
Subject to the provisions of section 127, where a gift consists of the donor's whole property, the done is personally liable for all the debts due by 1[and liabilities of] the donor at the time of the gift to the extent of the property comprised therein.
1. Ins. by Act 20 of 1929, s. 60.
Title: Saving of donations mortis causa and Muhammadan law.
Nothing is this Chapter related to gifts of moveable property made in contemplation of death, or shall be deemed to affect any rule of Muhammadan law 1***.
1. The words and figures "or, save as provided by section 123, any rule of Hindu or Buddhist law" omitted by Act 20 of 1929, s. 61.
Title: Transfer of actionable claim.
1(1) The transfer of an actionable claim 2[whether with or without consideration] shall be effected only by the execution of an instrument in writing signed by the transferor or his duly authorised agent, 3*** shall be complete and effectual upon the execution of such instrument, and thereupon all the rights and remedies of the transferor, whether by way of damages or otherwise, shall vest in the transferee, whether such notice of the transfer as is hereinafter provided be given or not:
Provided that every dealing with the debt or other actionable claim by the debt or or other person from or against whom the transferor would, but for such instrument of transfer as aforesaid, have been entitled to recover or enforce such debt or other actionable claim, shall (save where the debtor or other person is a party to the transfer or has received express notice thereof as hereinafter provided) be valid as against such transfer.
(2) The transferee of an actionable claim may, upon the execution of such instrument of transfer as aforesaid, sue or institute proceedings for the same in his own name without obtaining the transferor's consent to such suit or proceedings and without making him a party thereto.
Exception.-- Nothing in this section applies to the transfer of a marine or fire policy of insurance 4[or affects the provisions of section 38 of the Insurance Act, 1938 (4 of 1938).]
(i) A owes money to B, who transfers the debt to C. B then demands the debt from A, who, not having received notice of the transfer, as prescribed in section 131, pays B. The payment is valid, and C cannot sue A for the debt.
(ii) A effects a policy on his own life with an Insurance Company and assigns it to a Bank for securing the payment of an existing or, future debt. If A dies, the Bank is entitled to receive the amount of the policy and to sue on it without the concurrence of A's executor, subject to the proviso in sub-section (1) of section 130 and to the provisions of section 132.
1. Subs. by Act 2 of 1900, s. 4, for the original Chapter VIII.
2. Ins. by Act 20 of 1929, s. 62.
3. The words and figures "and notwithstanding anything contained in section 123" ins. by Act 38 of 1925, s. 2, omitted by Act 20 of 1929, s. 62.
4. Added by Act 4 of 1938, s. 121 (w.e.f. 1-7-1939).
1[130A.Transfer of policy of marine insurance.] Rep. by the Marine Insurance Act, 1963 (11 of 1963), s. 92 (w.e.f. 1-8-1963).]
1. Ins. by Act 6 of 1944, s. 2.