Mohsin (Proprietor) 01 August 2014

Transfer of property by way of gift in muslim

My father gifted me a property in 2007 by executing a transfer deed in writing.

Does it requires registration and payment of stamp duty to make it admissible as an evidence as per TP act?

I heard muslims can make gift in writting which are admissible.

Reply Follow

2 Replies

T. Kalaiselvan, Advocate (Advocate) 03 August 2014

You are absolutely right that the gift of property,whether movable or immovable made under Muslim personal law need not be necessarily registered under Registration Act. Even section 123 of Transfer of Property Act will not be applicable to Mohamedan law of gift. The Mohamedans in India are not governed by the Transfer of Property Act in the matter of formalities of gifts. Regar

ding formalities, writing is not necessary to complete a Mohamedan gift and formalities prescribed under the Transfer of Property Act are not essential. If there is no delivery of possession, the gift is invalid even if it is registered.

Mohsin (Proprietor) 19 August 2014

Thanks Sir,

there is judgment I saw, regarding the same, can we use the following to prove that

the written " transfer deed " mentioning the gift given and all 3 conditions satisfied, i.e. given by donor, accepted by donee and trasfer of possession; be presented as legal evidence of title or transfer of title in my name though it is not stamped paid and registered.

Here it is order date 5 May 2011

Hafeeza Bibi & Ors. …. Appellants
Versus
Shaikh Farid (Dead) byLRs. & Ors. ….Respondents
JUDGMENT
R.M. Lodha, J.

Plz give your expert opinion.