Lately, I came accross a Deed of Gift (hereinafter "the said Deed") which is executed by and between two sisters. The said Deed is duly stampted and is also registered with the Sub-Registrar of Assurances. By virtue of the said Deed the Donor therein gifted her 50% undivided right title interest in a residential flat in favor of Donee therein.
The said Deed is attested only by ONE WITNESS; which contravines the provisions of section 123 of Transfer of Property Act, 1882
As per the aforesaid provision a Deed of Gift has to be attested by atleast two witnesses.
In such a scenario, i am of the opinion that the said Deed is unenforcable as the same does not meet the statutory requirements and hence till date the Donor is 100% owner in respect of a residential flat gifted therein.
To fill-in the aforesaid loop-hole, an execution & registration of another Deed ratifying the contents of the said Deed will be required which will be attested by two witness.