Under section 123 of the Transfer of Property Act, 1882, A gives B immovable property worth ₹90. A…
Section 123 of the Transfer of Property Act requires a registered instrument for a gift of immovable property to which it applies. Signing and attestation do not transfer…
Choose your answer
Under section 123 of the Transfer of Property Act, 1882, A gives B immovable property worth ₹90. A signs a gift deed that two witnesses attest, and B accepts the gift. The deed is never registered. Does the deed transfer title to B?
Answer and explanation
Correct answer A
Section 123 of the Transfer of Property Act requires a registered instrument for a gift of immovable property to which it applies. Signing and attestation do not transfer title without registration.
The ₹90 value makes no difference. Section 17(1)(a) of the Registration Act also makes instruments of gift of immovable property compulsorily registrable.
Option feedback
Option A
An immovable-property gift governed by section 123 requires a registered instrument signed by or on behalf of the donor and attested by at least two witnesses.
Option B
Section 123 applies regardless of the property's value. Section 17(1)(a) of the Registration Act likewise contains no monetary threshold for instruments of gift.
Option C
A gift is without consideration under section 122. This does not remove the registration requirement under section 123.
Option D
Attestation and registration are separate conditions. The two witnesses do not cure the lack of registration.
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