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A donor signs a gift deed for immovable property in the presence of two attesting witnesses. The donee…

Sections 122 and 123 of the Transfer of Property Act, 1882 require lifetime acceptance while the donor can give, and a registered instrument signed by the donor or on the…

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A donor signs a gift deed for immovable property in the presence of two attesting witnesses. The donee accepts the gift while the donor is alive and capable of giving. The deed is duly registered after the donor dies. What is the legal effect?

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Answer and explanation

Correct answer C

Sections 122 and 123 of the Transfer of Property Act, 1882 require lifetime acceptance while the donor can give, and a registered instrument signed by the donor or on the donor’s behalf and attested by at least two witnesses. A duly executed and accepted deed may be validly registered after the donor’s death. Once registered, it operates from the time it would have operated had registration not been required, here the date of execution, under section 47 of the Registration Act, 1908.

Option feedback

Option A

A duly executed deed accepted during the donor’s lifetime can be duly registered after the donor dies.

Option B

The donor’s death alone supplies no ground to avoid this duly executed, accepted and registered gift.

Option C

Section 47 gives the registered deed effect from execution on these facts. Kalyanasundaram Pillai v. Karuppa Mooppanar confirms that lifetime acceptance and subsequent valid registration can complete an immovable gift.

Option D

Acceptance satisfies section 122. Section 123 separately requires a registered instrument for this transfer.

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