A recent Madras High Court judgement gave back 36 cents of land to two brothers after it was proved that their sister’s husband sold it using an invalid gift deed under Hindu law.
Justice R. Sakthivel of Madras High Court said in his judgement that the gift of an immovable property can be made only through a registered instrument attested by at least two witnesses. The only exception is under Section 129 of the Transfer of Property Act, 1882, which exempts gifts under the Muslim law from mandatory registration. For Hindus, Section 123 of the Transfer of Property Act, 1882 applies, requiring all gifts to be properly registered and attested.
