Question:
Principle: A gift comprising both existing and future property is void as to the latter.
Facts: 'X' owns a house. He contracted to purchase a plot of land adjacent to the house, but the sale of the plot was yet to be completed. He gifted both the house and the plot of land to 'Y'.
Principle: A gift comprising both existing and future property is void as to the latter.
Facts: 'X' owns a house. He contracted to purchase a plot of land adjacent to the house, but the sale of the plot was yet to be completed. He gifted both the house and the plot of land to 'Y'.
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A gift of future property is void; only the gift of present, existing property is valid.
Updated On: Aug 11, 2025
- Gift of both properties is valid
- Gift of both properties is void
- Gift of house is valid, but gift of the plot of land is valid
- Gift of house is valid, but the gift of the plot of land is void
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The Correct Option is D
Solution and Explanation
A gift of an existing property is valid, but a gift of a future property (one not yet owned or possessed by the donor) is void. Since the house is existing property, its gift is valid, but the land is a future property, making its gift void.
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Top CLAT Legal Studies Questions
- The Indian legal system places a significant emphasis on protecting the rights and welfare of children. The Juvenile Justice (Care and Protection of Children) Act, 2015, is a vital piece of legislation in this regard. It is designed to ensure that children in conflict with the law receive special care, protection, and treatment, with the ultimate goal of their rehabilitation and reintegration into society.
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[Extracted, with edits and revisions from “Digital Personal Data Protection Law Raises Questions About Consistency with Right to Privacy Ruling” published in The Wire dated 22-08-2023] - The Supreme Court on September 1 held that a child born of a void or voidable marriage can inherit the parent’s share in a joint Hindu family property. A three-judge Bench headed by Chief Justice of India D.Y. Chandrachud however clarified that such a child would not be entitled to rights in or to the property of any other person in the family. A voidable marriage is one that is made invalid by the husband or wife through a decree. A void marriage is invalid at its very inception.
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During the hearings on the reference, Chief Justice Chandrachud had agreed with the Division Bench’s findings that children from void and voidable marriages had rights over the property, whether self-acquired or ancestral, of their parents
[Extracted with edits and revisions from “Children from void, voidable marriages entitled to parents’ share in ancestral property: Supreme Court”, by Krishnadas Rajagopal, The Hindu, https://www.thehindu.com/news/national/children-from-void-voidable-marriages-arelegitimate-can-claim-rights-in-parents-properties-sc/article67259229.ece ]
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[Col. Wedgwood, MP, speaking in the British Parliament, 22 December 1919]
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