Section 123 of The Transfer of Property Act, 1882 in hindi
For the purpose of making a gift of immoveable 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. For the purpose of making a gift of moveable property, the transfer may be effected either by a registered instrument signed as aforesaid or by delivery.
Summary
- Giving away land or buildings requires a written, registered document to be legally valid.
- This registered document for land or buildings must be signed by the giver, or someone authorized by them, and verified by at least two witnesses.
- Giving away personal items like a watch or cash can be done either with a signed, registered document or by simply handing the item over to the receiver.
- Handing over personal items to complete a gift follows the same legal rules as delivering goods that are sold.
Practical examples
FAQ
1. Can I verbally gift land to someone under the Transfer of Property Act, 1882, Section 123?
No, under Section 123 of the Transfer of Property Act, 1882, a gift of land or other immoveable property cannot be verbal. It must be done through a written and registered document signed by the giver and witnessed by at least two people.
2. How many witnesses are needed to verify a gift of real estate under the 1882 property law?
Under Section 123 of the Transfer of Property Act, 1882, at least two witnesses must attest or verify the gift document by signing it in the presence of the giver.
3. Does a gift of a motor vehicle require registration under Section 123 of the Transfer of Property Act, 1882?
No, under Section 123 of the Transfer of Property Act, 1882, a gift of moveable property like a motor vehicle can be completed either by a registered document or by simply delivering the vehicle to the receiver.
4. Is a gift of a building valid if it is signed by the giver but not registered under Section 123 of the Transfer of Property Act, 1882?
No, Section 123 of the Transfer of Property Act, 1882, strictly states that a gift of immoveable property must be made using a registered instrument. Without registration, the transfer is not legally valid.
Test yourself
Q1.Under Section 123 of the Transfer of Property Act, 1882, if a person wishes to gift a piece of land but only signs a written deed without registering it, what is the legal status of the transfer?
Q2.Under Section 123 of the Transfer of Property Act, 1882, what is the minimum number of witnesses required to attest a registered gift deed of a house?
Q3.Under Section 123 of the Transfer of Property Act, 1882, which of the following is a legally acceptable method to gift a set of gold coins?
Q4.Under Section 123 of the Transfer of Property Act, 1882, how does the delivery of moveable property being gifted compare to other types of commercial transfers?