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Under the ordinary rule in section 123 of the Transfer of Property Act, 1882, which transfer must be…

The ordinary section 123 rule for a gift of immovable property requires a registered instrument, a donor’s signature or a signature on the donor’s behalf, and attestation by…

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Under the ordinary rule in section 123 of the Transfer of Property Act, 1882, which transfer must be effected by a registered instrument attested by at least two witnesses?

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Answer and explanation

Correct answer C

The ordinary section 123 rule for a gift of immovable property requires a registered instrument, a donor’s signature or a signature on the donor’s behalf, and attestation by at least two witnesses.

A movable-property gift may instead be effected by delivery.

Option feedback

Option A

The statutory sale formalities under section 54 do not impose the gift provision’s attestation requirement.

Option B

A mortgage by deposit of title deeds falls outside the ordinary registered-instrument requirement of section 59.

Option C

A gift of immovable property under section 123 requires a registered instrument signed by or on behalf of the donor and attested by at least two witnesses.

Option D

Delivery is an alternative method of effecting a gift of movable property.

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