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Report No. 110

32.7. Hindu Law, as to gifts in contemplation of death.-

Traditional Hindu law1-2 deals with the situation as one of gift, and accordingly requires "giving" (with the requisite intention) and acceptance.

A donatio mortis causa of movable property is recognised in Hindu law. West and Buhler3 state that "a father's promises are looked on as binding, unless the performance of them would prevent the fulfilment of some still more sacred duty. But that the courts will not enforce such obligation except subject to the conditions of the statute law where that is in force."

In a Bombay case4 A promised lands to his daughter, but never executed a deed of transfer. On his death-bed, he asked his son to give the lands to the daughter and the son agreed. After his death. A's will was found to contain a bequest of all his property to the son and C. It was held that the daughter could compel the son to transfer the lands to her, notwithstanding the will, since A constituted himself a trustee for the daughter in respect of them and had constituted his son his trustee to transfer the lands to D. C had no interest in the lands under the will.

1. See infra.

2. See (a) Bhaskar v. Saraswati Bai, ILR 17 Born 486.

(b) Visalatchmi v. Subbu, 6 MHCR 270.

3. West & Buhler Hindu Law, 3rd Edn., Vol. 2, pp. 219 and 747, footnote (a), cited in Bhaskar v. Saraswati Bai, ILR 17 Born 486 (495).

4. Bhaskar v. Saraswati Bai, 1892 ILR 17 Born 486.



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