Can a gift of immovable property be made without registration in India?
KA Asked by Kavita Joshi from India
Quick Answer
No, under Section 123 of the Transfer of Property Act, 1882, a gift of immovable property must be effected by a registered instrument signed by the donor and attested by at least two witnesses.
Detailed Legal Analysis
No, under Section 123 of the Transfer of Property Act, 1882, a gift of immovable property must be effected by a registered instrument signed by the donor and attested by at least two witnesses. Under Section 17 of the Registration Act, 1908, such a gift deed is compulsorily registerable.
An unregistered gift deed of immovable property is invalid and transfers no title. Stamp duty as per the state law must also be paid for valid registration.
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