Certain Transfer of immovable
property requires writing:
Transfer of Property Act does not
compel any particular transaction should be ‘in writing.’ (i.e. such transfer
should be compulsorily written in a deed).
But the Registration Act
prescribes which documents are to be in writing and which are not necessarily to
be in writing.
Certain provisions of the
Transfer of Property Act require that a particular transfer should not only to
be in writing but also to be registered.
Under the Transfer of Property
Act the following transfers should be in writing and should also be registered:
1. Sales
of immovable property of the value of Rs.100/- and upwards. (sec.54)
2. Mortgages
of immovable property. (sec.59)
3. Leases
of immovable property, for a term exceeding one year. (sec.107)
4. Exchange
of immovable property, of the value of Rs.100/- and upwards. (sec.118)
5. Gift
of immovable property (sec.123)
6. As
per Indian Contract Act, any contract made without consideration, on account of
love and affection, is required to be in writing. (sec.25 of the Contract Act).
7. A
partition of joint family property is not a transfer; hence it does not require
any writing.
8. A
family arrangement does not require any writing. (there is no transfer of
immovable property, but a mere extinguishment of rights, interest in the
immovable property.)
9. A
grant of immovable property to enjoy the usufruct (not the corpus of it) need
not be in writing.
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