What do you mean by Onerous Gift under theTransfer of property Act ?

The provisions of Onerous Gift is
contained in section 127 of the Transfer of property Act. Onerous gift is a gift burdened with an obligation.
Onerous gift is based on the maxim ‘qui sensit commodum , debt et sentire onus ‘ which means that who wants the roses must not fear the thorns . The
rule is similar to the doctrine of
election .

Section 127 lays down that---

1) Where a gift is in the form of a single transfer to the same person of several things ,of which one is , and the others
are not , burdened by any obligation , the done can take nothing by the gift unless he accepts it fully .

For an example , let us suppose that A has share in X , a prosperous joint- stock company , and also shares in Y , a joint-stock company in difficulties . Heavy calls are expected in respect of
the shares in Y . A gives B all his shares in joint-stock companies . B refuses to accept the shares in Y . He can not take the shares in X . This is what first part of section 127 provides .

2) Where a gift is in the form of two or more separate and independent transfers to the same person of several things , the done is at liberty to accept one of them and refuse the others , although the former may be beneficial and the later onerous .

As for instance , let us suppose that A having a lease for a term of years of a house at a rent which he and his representatives are bound to pay during the term , and which is more than the house can be let for , gives to B the lease , and also , as a separate and independent transaction , a sum of money . B refuses to accept the lease . He does not , by his refusal , forfeit the money . This is what the second part of
the section 127 provides .

A donee not competent to contract and accepting property burdened by any obligation is not bound by his acceptance . But if , after becoming competent to contract and being aware of the obligation , he retains the property given , he becomes so bound .

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