Law: Transfer of Property Act, 1882

Section: 123

Law: Registration Act, 1908

Section: 17(a)

(a) Gift--- ----Oral gift---Proof---Trial Court had rightly found that there was no signature or thumb impression of the donor on the first page of the gift document while there were three thumb impressions, purporting to be of the donor, on the second page; that the documents produced by the alleged donee/petitioner which were allegedly submitted to the relevant Development Authority for transfer of the property/house in the name of the petitioner were not produced through a witness of the Development Authority; and that it was not believable that the same were not acted upon for a period of six years --- Petitioner did not seek to challenge either the Development Authority's refusal to transfer the house in his favour nor took any action to implement the gift document---House stood in the name of the purported donor when he died, and continued to stand in his name, when the suit was filed by the petitioner---Gift in favour of petitioner was not established---Petition for leave to appeal was dismissed and leave was refused. (b) Transfer of Property Act (IV of 1882)--- ----S. 123---Registration Act (XVI of 1908), S. 17(a)---Purported oral gift---House allegedly gifted through a "Declaration of Oral Gift"---Whether such gift document was required to be registered ---Held, that S. 123 of the Transfer of Property Act, 1882 provided that 'For the purpose of making a gift of immovable property, the transfer must be effected by a registered instrument signed by or on behalf of the donor and attested by at least two witnesses---Gift document stated that the, 'DONOR, hereby gift the above said property ', that is, the house---Thus, it was clear that the gift document did not merely record an earlier oral gift but it was through the gift document that the house was purportedly gifted---Title of the gift document was inconsequential in view of its clear and unambiguous contents, which stated that the house was sought to be gifted by and through the gift document---Furthermore S. 17(a) of the Registration Act, 1908 required that gifts of immovable property made by or through written documents required registration, therefore, the gift document required registration---In…

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