If a gift deed is not registered can I sell it
23-Jun-2023 (In Property Law)
My brother gifted me a land property in 1998.the deed isn't registered.he isnot available now.Can i sell the land now
As per section 123 of transfer of property act, for the purpose of making a gift of immovable property, the transfer must be effected by a registered instrument signed by or on behalf of the donor, and attested by at least two witnesses.
As the deed is not registered so it would become infructuous, however, you can argue that all the elements of a valid gift have been fulfilled but that would be a weak defence.
As the deed is not registered so it would become infructuous, however, you can argue that all the elements of a valid gift have been fulfilled but that would be a weak defence.
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