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Assume the general rule in section 123 of the Transfer of Property Act, 1882, applies and no saving…

For an immovable gift governed by section 123, the donor or someone acting on the donor’s behalf must sign a registered instrument attested by at least two witnesses.

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Assume the general rule in section 123 of the Transfer of Property Act, 1882, applies and no saving under section 129 is involved. How must a gift of immovable property be effected?

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Answer and explanation

Correct answer D

For an immovable gift governed by section 123, the donor or someone acting on the donor’s behalf must sign a registered instrument attested by at least two witnesses.

Option feedback

Option A

Delivery alone does not meet the section 123 formalities for immovable property.

Option B

Section 123 requires registration in addition to execution and attestation.

Option C

An oral declaration and delivery do not substitute for the registered instrument under the stated rule.

Option D

Section 123 requires a registered instrument signed by or on behalf of the donor and attested by at least two witnesses.

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