How many properties can be gifted in one gift deed: A has two immoveable properties; one in Bombay which is mortgaged in favour of a third party for securing repayment of a certain debt. A has, also, certain property in Delhi which comprises of a valuable commercial plot of land. A gifts both these properties to B by a single gift-deed. B purports to accept the gift of Delhi property while rejects that of the Bombay property. Can B do so?
Since both the properties are gifted in the form of a single transfer to one and the same person, B has no option to accept only the Delhi property and to reject the other one. B can only accept the gift fully, i.e. both the properties.
Would it make any difference, if the above Bombay and Delhi properties are gifted to B by separate and independent gift deeds?
Yes. Since the gift of both these properties are made in the form of separate and independent transfer, B has an option to take only the Delhi property (which he finds beneficial) while he can rightfully reject the gift of the Bombay property, though it may be onerous.
When the gift is onerous, can the donee be bound by his acceptance?
If at the time of acceptance, the donee is a disqualified person i.e. not competent to contract viz. being a minor, he is not bound by his acceptance. However, on the removal of the disqualification i.e. if on attainment of majority and upon becoming aware of the “onerous” nature of the gift, he retains the property, then he cannot repudiate. He is, then, bound by his acceptance.