Gifts, Begar and Unconstitutional Conditions
It has been held that although Section 127 of Transfer of Property Act, 1882 permits an onerous gift but a gift which is conditioned upon perpetual rendering of services without any remuneration would amount to a “begar” or forced labour, even slavery and therefore it is not just wrong or illegal but even #unconstitutional, being violative of fundamental rights of the donees. It has to be remembered that when certain so-called rendering of “services”, was to be in perpetuity which has to go on forever, then it would be "begar" or forced labour. We must also remember that when the gift deed was executed the Constitution of India had already been enforced. Article 14 and 21 and more particularly Article 23 prohibits forced labour."
Citation : Naresh Kumari v. Chameli [2024] GCtR 3150 (SC)
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