Oral gift

Harsh (Querist) 01 May 2012 This query is : Resolved
Sir,

Is the concept of Oral gift exist in 1980s or today ? Can a person get immovable property through oral gift ?

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Devajyoti Barman (Expert) 01 May 2012
No it is compulsorily registrable document though exception is made only for gift done under Muslim Sharia Law.

Adv.R.P.Chugh (Expert) 01 May 2012
Only under Muslim Law an oral gift is permissible, provided certain conditions like :-

1) Declaration
2) Acceptance
3) Delivery of Possession

are met, they are not mandated to execute this through a registered instrument as by S.129 Transfer of Property Act, Muslim Gifts are excluded from purview of Transfer of Property Act, and are governed by Shariat Law.

However having said that, If the parties proceed to effect this transfer via a deed, which does not merely record factum of a past gift but does proceed to effect the gift through the deed, the mischief of S.17 of the IRA is attracted, and is compulsorily registrable.

Sheikh Farid v. Hafiza Bibi - 2011 SC

Advocate M.Bhadra (Expert) 01 May 2012
Oral Gift is not valid in terms of Indian Registration Act as well as the Transfer of Property Act.

ajay sethi (Expert) 01 May 2012
tou have not mentioned detailed facts of your case . whether you are hindu or muslim

what immoveable property you want to gift

R.K Nanda

(Expert) 02 May 2012
Incomplete query.

Shonee Kapoor (Expert) 02 May 2012
Oral gift is valid if the donee accepts te gift by registring the immovable property.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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