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Venugopal (Sr.Exe)     14 April 2010

Gifting Without Registering

Between blood relatives if a property is gifted without registering it but  just by writing it on a stamp paper what is the legal status of such 'gifting'?



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 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     14 April 2010

Itz in valid because gift deed is compulsory registrable document.

AEJAZ AHMED (Legal Consultant/Lawyer)     14 April 2010

In addition to the reply of our learned brother Mr. Rajeev:

 

 

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The Transfer Of Property Act, 1882

 

Section 123 : Transfer how effected.-

 

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. Such delivery may be made in the same way as goods sold may be delivered.

 

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The Registration Act, 1908

Section 17 : Documents of which registration is compulsory.-

 

(1) The following documents shall be registered, if the property to which they relate is situate in a district in which, and if they have been executed on or after the date on which, Act No. 1864 (XVI of 1864 ), or the Indian Registration Act, 1866 (20 of 1866 ), or the Indian Registration Act, 1871 (8 of 1871 ), or the Indian Registration Act, 1877 (3 of 1877 ), or this Act came or comes into force, namely:--

 

(a) instruments of gift of immovable property;

 

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Kindly go through the attached Judgments.


Attached File : 46 46 gift deed registration.rar downloaded: 258 times
1 Like

bhagwat patil (Property due diligence 9422773303)     16 April 2010

it is to be registered.


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