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AYAN (WEB DEVOLOPER)     22 August 2012

What is oral gift deed?

can the gift deed be oral?

I can't understand how gift deed be oral?

some of my friends are saying that gift deed can be oral.

But I can't understand how gift deed be oral?

Is it possible?

Is the oral gift deed valid?



 1 Replies

Adv. Nikhil Seth (legal consultant (9867264707))     22 August 2012

important conditions of a valid gift  Hindu Law

i)       Relinquishment of one's proprietory right  in the property. Yet it should be without any consideration.

ii)     Merely registering the gift deed does not afford to pass the title of the property.

iii)    Creation of right of any person must be completed by acceptance.

iv)    A gift is totally different from a surrender by a Hindu widow where she does not in fact or in law purport to transfer any interest in the property surrenders.

v)     In addition to that in the case of Karunamoyee vs Maya Moyi[1], it was observed that the widow simply withdraws herself from the estate and the reversioner steps into the inheritance as a matter of law.''

vi)    Yet, in the case of Narbada Bai vs Mahadeo, it was held that in case of  transfer of the whole estate, the reversioner takes the same subject to the liability for her maintenance. It is thus vividly known that the reversioner is responsible for her debts, if she relinquishes the same.

vii)  Where delivery of possession is enough to complete the transaction of a gift, is abrogated under section 123 of the Transfer of Property Act. However, the restrictions on power to enter into  the  transaction of gift under personal law exist without any change.

 

  In view of sec. 123 of Transfer of Property Act, a gift of immovable property, which is not registered, is bad in law and cannot pass any title to the donee. Any oral gift of immovable property cannot be made in view of the provisions of sec. 123. Mere delivery of possession without a written instrument cannot confer any title


 

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