Is Registration of Gift necessary under Muslim Law?

Registration of gift under Muslim Law.

Team Legistify

Team Legistify

  • Answered on 02:22 PM, 28 Sep 18

Under Muslim Law writing is not essential to the validity of a gift either of movable or of immovable property.  Sec. 122 to 129 of the Transfer of Property Act, 1882, deals with gits.  As per provisions laid down in Sec. 123 of this act, Gift of immovable property must be effected by a registered instrument signed by the doner and attested by at least two witnesses, and that a gift of movable property may be effected either by a registered instrument signed as aforesaid or by delivery. But these provisions of Sec. 123 do not apply to Muslim gifts; Section 129 of this act also states that nothing in the chapter shall be deemed to affect any rule of Mohammedan Law.

      As per the Registration Act the gift of immovable property worth over Rs.100/- is required to be by registered instrument. Mohammedan law permits oral gift of immovable property irrespective of value of the property. Hence the provisions of sec.123 do not apply to gifts covered by Mohammedan law.

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