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Under the Transfer of Property Act, 1882 and the Bharatiya Sakshya Adhiniyam, 2023, which combination…

Section 123 of the Transfer of Property Act requires a registered instrument signed by or for the donor and attested by at least two witnesses. There is no Rs. 100 threshold…

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Under the Transfer of Property Act, 1882 and the Bharatiya Sakshya Adhiniyam, 2023, which combination of statements is correct for an ordinary gift of immovable property under section 123?

Statement 1. A gift deed requires registration and at least two attesting witnesses even if the property is worth less than Rs. 100.
Statement 2. To prove execution of a duly registered gift deed, calling an attesting witness is unnecessary if execution is not specifically denied.
Statement 3. An attesting witness must be called for a duly registered gift deed even when execution is not specifically denied.

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Answer and explanation

Correct answer B

Section 123 of the Transfer of Property Act requires a registered instrument signed by or for the donor and attested by at least two witnesses. There is no Rs. 100 threshold for that gift requirement.

The proviso to section 67 of the Bharatiya Sakshya Adhiniyam dispenses with calling an attesting witness for a duly registered non-will unless execution is specifically denied.

Attestation at execution and calling a witness later to prove execution are separate questions.

Option feedback

Option A

The registered-document proviso makes Statement 3 false.

Option B

Section 123 requires registration and two witnesses, and the proviso to section 67 permits proof without calling a witness in the stated circumstances.

Option C

Statement 1 is true but Statement 3 contradicts the registered-document proviso.

Option D

Statement 2 is true and Statement 3 contradicts it. This choice also omits the formal requirements in Statement 1.

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