Multiple choice

The farm of Sultanpur is the property of C and worth Rs. 80000. A, by an instrument of gift, professes to transfer it to B giving by the same instrument at Rs. 100000 to C. A dies before the election. B shall

  1. be entitled to get Rs. 20000 from C

  2. be entitled to get Rs. 80000 from A's representative

  3. not be entitled to get any amount from anyone

  4. None of these

Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

As per section 3 of Transfer of Property Act, 1882, where a person professes to transfer property or where the transfer is gratuitous, and the transferor has, before the election, died or otherwise become incapable of making a fresh transfer, and in all cases where the transfer is for consideration, to the charge of making good to the disappointed transferee, the amount or value of the property attempted to be transferred to him.

Option (1) is incorrect: B is entitled to get Rs. 80000 from Rs. 100000.

Option (2) is correct: B is entitled to get Rs. 80000 from Rs. 100000 from A’s representative. Option (3) is incorrect: B is entitled to get Rs. 80000 from Rs. 100000 from A’s representative.