donatio mortis causa
A donatio mortis causa is made by a person who, in expectation of death from an existing illness or peril, delivers movable property (or the means of control over it, such as a key) to another, intending that the donee keep it if the donor dies. It is revocable, is revoked if the donor recovers, and fails if the donee dies first.
Section 191 of the Indian Succession Act, 1925 governs such gifts; s.129 of the Transfer of Property Act, 1882 excludes them from the TPA chapter on gifts. Only movables can be so given. Muslim law has the related concept of a gift during marz-ul-maut (death-illness), which takes effect only like a bequest, limited to one-third of the estate.
Example
Handing over the locker key in hospital, saying “keep the jewels if I do not come back”, made a valid donatio mortis causa under s.191 ISA.
In Indian law
- Section 191, Indian Succession Act, 1925
- Section 129, Transfer of Property Act, 1882
See also
Read more in the study notes
- Wills under Muslim law (Family Law II - Mohammedan Law)
- Hiba: gifts under Muslim law (Family Law II - Mohammedan Law)
- Gifts under the Transfer of Property Act (Property Law)