AI Overview...
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Universal Donee - Liability for Debts: Under Section 128 of the Transfer of Property Act, 1882, a universal donee (a person who receives the entire estate of the donor) is personally liable for all debts owed by the donor at the time of the gift. This liability extends to debts due from the donor, making the donee akin to a legal representative responsible for such liabilities N. V. Thiruvenkidaswami Mudaliar VS Palani Ammal - Madras, Kothuri Lakshmaiah VS Aravapalli Lakshmaiah - Andhra Pradesh, M.D.Sampathkumar vs DEVARAJ - Madras.
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Scope of Property in Section 128: The interpretation of the term property in Section 128 has been clarified by courts to include the entire estate transferred to the donee, emphasizing that the liability applies when the gift involves the donor's whole property or estate. The courts have held that the liability arises when the gift is of the entire estate, and the donee's liability is personal and not limited to specific interests Kothuri Lakshmaiah VS Aravapalli Lakshmaiah - Andhra Pradesh.
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Legal Nature of Universal Donee: A universal donee is considered a legal representative of the deceased donor, and upon receiving the entire estate, becomes liable for the debts of the donor. This liability is personal, and the donee can be held responsible for debts due at the time of the transfer, including those that may be enforced through execution proceedings Madhukar Sagun Karpe (deceased) by heirs VS Institute of Public Assistance - Bombay, Madhukar Sagun Karpe (deceased) through his LRs/heirs VS Institute of Public Assistance - Bombay.
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Attachment and Execution: Creditors can directly levy execution against the property gifted to a universal donee to recover debts owed by the donor. The donee’s liability under Section 128 allows for attachment of the gifted property, and the decree-holder can proceed against the entire estate transferred to the donee Dayanandan VS Venugopal Naidu - Madras.
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Legal and Procedural Context: The liability of a universal donee is reinforced by the Civil Procedure Code, which recognizes the donee as a legal representative liable for the debts of the deceased. The courts have consistently held that the donee's liabilities are enforceable and that the estate transferred is liable for the donor's debts, subject to legal procedures Lingareddi Sreenivasulu Reddi (Died) VS D. Muniratnam Reddi - Andhra Pradesh.
Analysis and Conclusion:
Section 128 of the Transfer of Property Act establishes that a universal donee is personally liable for all debts of the donor at the time of the gift, especially when the gift involves the entire estate. Courts interpret property broadly to include the whole estate transferred, making the donee akin to a legal representative responsible for liabilities. Creditors can directly execute against the transferred property, and the liability is personal and enforceable under both the Act and procedural law. This ensures that debts owed by the donor are recoverable from the estate transferred to the universal donee, reinforcing the legal obligation imposed by Section 128.
Search Results for "Universal Donee Section 128"
1960 0 Supreme(Mad) 229 • India - Madras
VEERASWAMI
Transfer of Property Act, 1882-Section 128 - Universal donee - Widow surrendering her Stridhan property as well as limited interest ... in her husband’s estate in favour of her daughter-Donee held liable for the debts of the donor. ... universal donee so as to make him liable under section 128 of the Transfer of Property Act for the debts due from the donor. ... The gift, therefore, did not consist of the donor’s whole property with....
1967 0 Supreme(AP) 70 • India - Andhra Pradesh
GOPALRAO EKBOLE
TRANSFER OF PROPERTY ACT, 1882 - SECTION 128 - UNIVERSAL DONEE - GIFT OF WHOLE PROPERTY - INTERPRETATION - LIFE INTEREST - PROPERTY ... The court interpreted Section 128 of the Transfer of Property Act, 1882, which imposes personal liability on a donee for the debts ... The court interpreted Section 128 of the Transfer of Property Act, 1882, and held that the word "property" should be interpreted ... I have no doubt that it is in th....
2025 0 Supreme(Mad) 4645 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.Sakthivel, Devaraj
donee - First defendant, as universal donee, liable for the deceased's debts - Section 128 provides that the donee is personally ... (A) Transfer of Property Act, 1882 - Section 128 - Hindu Succession Act, 1956 - Section 14(1) - Claim for repayment of debt - The ... ... ... Ratio Decidendi: The first defendant, as a universal donee, is liable for the deceased's debts. ... It is fruitful to extra....
1977 0 Supreme(AP) 227 • India - Andhra Pradesh
S.H.SHETH
TRANSFER OF PROPERTY ACT, 1882 - SECTION 128 - CIVIL PROCEDURE CODE, 1908 - SECTION 2(11), 50 - UNIVERSAL DONEE - LIABILITY TO ... The court held that the plaintiff, as the universal donee, was liable to discharge the debt of his donor under Section 128 of the ... donee is a "legal representative" within the meaning of Section 2(11) of the Civil Procedure Code, 1908. ... He also held that the plai....
1963 0 Supreme(Mad) 217 • India - Madras
VEERASWAMI
UNIVERSAL DONEE - EXECUTION OF DECREE - SECTION 50(2) CPC, SECTION 128 TRANSFER OF PROPERTY ACT - A universal donee is a legal ... Therefore, a decree-holder can levy execution straightway against the universal donee to the extent of the donor's properties in ... Therefore, a decree-holder can levy execution straightway against the universal donee to the extent of the donor's properties in ... The....
2023 0 Supreme(AP) 597 • India - Andhra Pradesh
K. MANMADHA RAO
TRANSFER OF PROPERTY ACT - SECTION 128 - LIABILITY OF UNIVERSAL DONEE - ATTACHMENT OF GIFTED PROPERTY - SUMMARY Fact of ... Ratio Decidendi: The court relied on Section 128 of the Transfer of Property Act, which states that a universal donee is personally ... Issues: Whether the universal donee is liable for the debts due or liabilities by the donor at the time of the gift to the ... The liability or the #HL_STAR....
2023 0 Supreme(AP) 778 • India - Andhra Pradesh
K. MANMADHA RAO
TRANSFER OF PROPERTY ACT - SECTION 128 - LIABILITY OF UNIVERSAL DONEE - ATTACHMENT OF GIFTED PROPERTY - COURT HELD THAT THE UNIVERSAL ... Finding of the Court: The Court observed that, as per Section 128 of T.P. ... Ratio Decidendi: The Court relied on the provisions of Section 128 of the Transfer of Property Act, 1882, which states that ... State Forest corporation Ltd. & others, 2017 (4) ILR (H.P) 117, wherein the Himachal Prad....
1962 0 Supreme(Cal) 82 • India - Calcutta
B.N.BANERJEE
( 14 ) THE word "any person" in Section 22 should be read as referring to the assessee and not to the donee as is expressly made clear in Section 23, where the right of appeal to the Appellate Tribunal is given to the assessee only. ... "section 4 of the Act includes certain transfers within the definition of "gift" under the Act and reads as follows : Section 4. ... To read "any person" in Section 22 differently from the word 'assessee", as in Section 23, may lead to....
1998 0 Supreme(Bom) 491 • India - Bombay
R.M.S.KHANDEPARKAR
donee being a legal representative, such a donee only takes the estate of the deceased subject to his liabilities, as Section 128 ... of the Transfer of Property Act fastens a personal liability upon the Universal donee for all debts due by the donor at the time ... ... Section 128-See Civil Procedure Code, 1908, Section 115, Order XXI ... Indeed the Madras High Court has clearly held that:-- ... "Apart from a Universal#H....
1998 0 Supreme(Bom) 9 • India - Bombay
R.M.S.KHANDEPARKAR
pending-Death of judgment debtor-Universal donee being legal representative-Whether donee liable for all debts-Held-LRs liable for ... ... Section 50(2)- Transfer of Property Act, 1882, Section 128-Execution ... This principle is clearly borne out from the Section 128 of the Transfer of Property Act.
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