Gift Questions and Answers

Q: For an instrument of gift of immovable property, under the Registration Act, 1908:-

For a gift of immovable property, registration is compulsory.Section 17(1)(a) of the Registration Act, 1908 makes registration compulsory for instruments of gift of immovable property, and Section 123 of the Transfer of Property Act, 1882 says such a gift must be effected by a registered instrument signed by the donor and attested by at least two witnesses. An unregistered deed of gift cannot pass title.Optional registration under Section 18 applies to other documents, and there is no exemption for gifts of immovable property, so the other options are wrong.

Q: A gift of future property is

A gift of future property is Void.Section 122 defines a gift as a transfer of existing movable or immovable property, and Section 124 of the Transfer of Property Act says that a gift comprising both existing and future property is void as to the latter. A donor cannot give what he does not yet own.It is not voidable, which would mean valid until one party chose to avoid it, nor merely irregular, and it is certainly not valid.

For an instrument of gift of immovable property, under the Registration Act, 1908:-

A.Registration is compulsory.
B.Registration is optional.
C.Registration is exempted
D.None of the above.

Exam Year(s)

Rajasthan High Court Civil Judge - 2018, Rajasthan Judicial Service - 2018,

Answer: A

For a gift of immovable property, registration is compulsory.

Section 17(1)(a) of the Registration Act, 1908 makes registration compulsory for instruments of gift of immovable property, and Section 123 of the Transfer of Property Act, 1882 says such a gift must be effected by a registered instrument signed by the donor and attested by at least two witnesses. An unregistered deed of gift cannot pass title.

Optional registration under Section 18 applies to other documents, and there is no exemption for gifts of immovable property, so the other options are wrong.

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A gift of future property is

A.Valid
B.Voidable
C.Void
D.Irregular

Exam Year(s)

Tripura Public Service Commission - 2019,

Answer: C

A gift of future property is Void.

Section 122 defines a gift as a transfer of existing movable or immovable property, and Section 124 of the Transfer of Property Act says that a gift comprising both existing and future property is void as to the latter. A donor cannot give what he does not yet own.

It is not voidable, which would mean valid until one party chose to avoid it, nor merely irregular, and it is certainly not valid.

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