Site navigation

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?

Select one answer
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.

Practice for these exams

Related question papers

Related exam syllabi

Related questions in this topic