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The element of gift is traceable to both 'settlement' and 'will'. As settled in law, the nomenclature of an instrument is immaterial and the nature of the document is to be derived from its contents. While so, a voluntary disposition can transfer the interest in praesenti and in future, in the same document. In such a case, the document would have the elements of both the settlement and will. Such document, then has to be registered and by operation of the doctrine of severability, becomes a composite document and has to be treated as both, a settlement and will and the respective rights will flow with regard to each disposition from the same document. It is pertinent to mention here that the reservation of life interest or any condition in the instrument, even if it postpones the physical delivery of possession to the donee/settlee, cannot be treated as a will, as the property had already been vested with the donee/settlee.
[Extracted from: NP Saseendran v NP Ponnamma 2025 INSC 388.]

The element of _________ is common to all the three transactions, i.e. Gift, Settlement and Will:

The correct answer is
voluntary disposition.

The question asks us to identify the common element in the transactions of a gift, settlement, and will. Let's analyze each option to determine the correct answer:

  1. Physical delivery of possession: This is not necessarily present in all three transactions. A gift may involve physical delivery, but settlements and wills can convey interest without immediate physical transfer.
  2. Absence of consideration: While gifts and wills typically do not involve consideration, some settlements might involve consideration. Therefore, this is not common to all three.
  3. Voluntary disposition: Each of these transactions involves voluntary action on the part of the donor, settlor, or testator. In a gift, the donor voluntarily transfers property without expecting anything in return. In a settlement, the settlor voluntarily disposes of property for distribution. In a will, the testator voluntarily allocates their property to take effect upon death.
  4. Vesting of the right in praesenti: This occurs when rights are vested immediately, but wills often vest rights in the future. Therefore, this is not common to all the transactions.

The correct answer is voluntary disposition. This is the element common to all three transactions as they all involve voluntary action on the part of the person executing the instrument. Each transaction, whether it is a gift, settlement, or will, involves the individual voluntarily deciding how their property or interests are to be disposed or allocated.

This aligns with the legal reasoning in the case of NP Saseendran v NP Ponnamma where it is detailed that the nature of a document or transaction is derived from its intention and is often a composite of settlement and will, involving voluntary disposition as a key element.

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