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CS Professional · Drafting, Pleadings and Appearances · Types of Documents

Ketan gifted his shop to his daughter by a written deed. Under the Transfer of Property Act, 1882 read with the Registration Act, 1908, which formality is mandatory for the gift of immovable property to be valid?

A gift of immovable property must be made by a registered instrument signed by the donor and attested by at least two witnesses. Mere delivery of possession, an oral declaration, or a notarised affidavit does not satisfy the statutory formality, so the gift would otherwise be invalid.

  1. AA registered instrument signed by the donor and attested by at least two witnessesCorrect
  2. BOnly delivery of possession, with no written document
  3. CAn oral declaration before the Sub-Registrar, without any signature
  4. DA notarised affidavit by the donee

Explanation

A gift of immovable property must be effected by a registered instrument signed by or on behalf of the donor and attested by at least two witnesses. Oral delivery alone, notarisation or an affidavit does not meet this requirement. Hence option 1 is correct.

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