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Which of the following applies to a gift of immovable property made by a Hindu under the Transfer of…

Section 123 of the Transfer of Property Act, 1882 requires a registered instrument for a gift of immovable property governed by the Act. The donor or someone acting on the…

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Which of the following applies to a gift of immovable property made by a Hindu under the Transfer of Property Act, 1882?

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Answer and explanation

Correct answer A

Section 123 of the Transfer of Property Act, 1882 requires a registered instrument for a gift of immovable property governed by the Act. The donor or someone acting on the donor's behalf must sign it, and at least two witnesses must attest it. Section 129 preserves rules of Muhammadan law and separately saves gifts of movable property made in contemplation of death.

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Option A

Registration is required. The instrument must be signed by or on behalf of the donor and attested by at least two witnesses.

Option B

An oral declaration alone does not meet the registration requirement in section 123.

Option C

Section 123 requires the registered instrument. An oral declaration is not an alternative under that section.

Option D

The requirement to use a registered instrument is correct under section 123.

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