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Question: What is DONATIO-MORTIS-CAUSA [HJS 2000]Find the answer to the mains question of Property Law only on Legal Bites. [What is DONATIO-MORTIS-CAUSA]AnswerDonatio Mortis Causa is a Latin expression meaning "gift in contemplation of death." It refers to a conditional gift made by a person who anticipates imminent death due to illness or danger. This type of gift is distinct from a regular gift because it becomes effective only upon the donor's death and can be revoked if the...
Question: What is DONATIO-MORTIS-CAUSA [HJS 2000]
Find the answer to the mains question of Property Law only on Legal Bites. [What is DONATIO-MORTIS-CAUSA]
Answer
Donatio Mortis Causa is a Latin expression meaning "gift in contemplation of death." It refers to a conditional gift made by a person who anticipates imminent death due to illness or danger. This type of gift is distinct from a regular gift because it becomes effective only upon the donor's death and can be revoked if the donor survives.
Legal Basis under the Transfer of Property Act:
Section 129 of the Transfer of Property Act, 1882 specifically deals with gifts made in contemplation of death. Such gifts are known as Donatio Mortis Causa and are exempted from the operation of Chapter VII (which deals with general provisions relating to gifts). Thus, the usual formalities under Section 123—such as registration for immovable property—do not apply to these gifts.
Essential Features:
- Contemplation of Death: The donor must make the gift while genuinely apprehending death due to illness or peril.
- Conditional Nature: The gift is revocable during the donor's lifetime and takes effect only if the donor dies of the anticipated cause.
- Delivery of Possession: There must be actual or constructive delivery of the subject matter of the gift (e.g., keys, documents, symbols).
- Applicability: Typically applies to movable property. Courts are reluctant to recognize it for immovable property due to lack of registration.
Difference from Ordinary Gift under Section 122 TPA:
| Aspect | Ordinary Gift (Section 122 TPA) | Donatio Mortis Causa (Section 129 TPA) |
|---|---|---|
| Time of Transfer | During lifetime | After death (if donor dies as anticipated) |
| Revocability | Irrevocable once made | Revocable until donor’s death |
| Legal Requirement | Written instrument; registration for immovable property | No such strict formalities |
| Chapter VII Applicability | Yes | No (exempted by Section 129) |
Donatio Mortis Causa is a unique category of gift under Section 129 of the Transfer of Property Act, 1882. It is made in anticipation of death and takes effect only upon the donor’s demise, making it closer to a testamentary disposition. While rare and strictly construed by courts, it remains a recognised exception to the general rules governing gifts under Indian law.
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