All India Bar Examination (AIBE) 3-III Previous Year Question Papers with Answers

Practice Mode:
75.

A gifts the house owned by her to B, her granddaughter, by providing the registered title deeds of the house to B. Two witnesses attested the registered title deeds. Is the gift valid and why?


Principle :

A gift of an immovable property must only be effected by a registered instrument attested by two witnesses, whereas a gift of moveable property may be made by way of mere delivery of possession.

A: the gift is valid because the principle above does not apply in this case, as A's house is a moveable property, and only the land on which the house has been built is immoveable.
B: The gift is valid because while the house is an immovable property, the gift by way of delivery of title deeds is an exception to the rule.
C: The gift is valid because A handed over the immovable property's registered title deeds, which were attested by two witnesses, as a gift.
D: The gift is not valid because the house is an immovable property, and the gift of a house must therefore be registered and attested by witnesses.
E: The gift is not valid because despite A handing over the registered title deeds to the house, the gift transaction had no witnesses.

The answer is: D

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Explanation

The correct option is D: The gift is not valid because the house is an immovable property, and the gift of a house must therefore be registered and attested by witnesses.

Explanation:

According to the principle, a gift of an immovable property must only be effected by a registered instrument attested by two witnesses. A house is an immovable property, as it is attached to the earth and cannot be moved without destroying or altering it. Therefore, a gift of a house must follow the principle and be registered and attested by witnesses.

However, in this case, A did not register the gift deed, but only provided the registered title deeds of the house to B. The title deeds are the documents that prove the ownership of the property, but they are not the same as the gift deed, which is the document that transfers the ownership of the property from the donor to the donee. Therefore, providing the title deeds does not amount to a valid gift of an immovable property.

Moreover, even if A had registered the gift deed, it would still not be valid because it was not attested by two witnesses. The principle requires that both registration and attestation are necessary for a valid gift of an immovable property. Therefore, A's gift to B is not valid for both reasons.

The other options are incorrect because:

Option A is incorrect because A's house is not a movable property, but an immovable property, as explained above. Therefore, the principle applies in this case and requires registration and attestation for a valid gift.

Option B is incorrect because there is no exception to the rule for a gift by way of delivery of title deeds. The principle clearly states that a gift of an immovable property must only be effected by a registered instrument attested by two witnesses. Delivery of title deeds does not satisfy this requirement.

Option C is incorrect because handing over the registered title deeds does not constitute a valid gift of an immovable property, as explained above. The title deeds are not the same as the gift deed, which is the document that transfers the ownership of the property from the donor to the donee.

Option E is incorrect because even if A had handed over the registered gift deed to B, it would still not be valid because it was not attested by two witnesses. The principle requires that both registration and attestation are necessary for a valid gift of an immovable property.