January 25, 2024

The Transfer of Property Act contains comprehensive provisions that define property under this act, as well as the terms and circumstances of transfers, forms of transfers, etc. July 1st, 1882 was the date the Act went into force. It is not always necessary to have a written transfer deed when property is transferred. Oral property transfers are covered under Section 9 of the Transfer of Property Act.

oral transfer meaning

  • It means that in any situation when a written document is not specifically mandated by law, a transfer of property may be completed without one.
  • Certain provisions for oral transfers are provided by the Transfer of Property Act.
  • The legislation does not need writing when transferring information orally.
  • The Act lays out guidelines for transferring property without a formal written agreement.

oral transfer of property examples

  • When a parent gives their child a certain piece of jewelry as a present, they tell them so orally.
  • In certain circumstances that are informal, such as close-knit groups or families, property may be transmitted orally without official confirmation. For example, a family member can give permission to another family member to use a particular thing or to occupy an area in particular.

section 9 of transfer of property act: Oral Transfer

Section 9 of the Transfer of the Property Act elaborates on the concept of Oral Transfer. It provides that a transfer of property may be made verbally in cases where it hasn’t been made clear that a transfer of property must occur in writing.

This section effectively states that a transfer of property may occur without a written document in any situation when it is not specifically stated or mandated by law. However, it is important to remember that this list is not all possible transfer scenarios.

However, there are specific circumstances in which writing is required. These include the following situations:

  • The selling of real estate valued at over one hundred rupees. This provision is made in Section 54 of the Transfer of Property Act.
  • The Transfer of Property Act’s Section 54 addresses the sale or return of extra intangibles.
  • Simple mortgage (Provided in compliance with Transfer of Property Act Section 59)
  • Annual leases on moveable property are those that last longer than a year or that require a rent payment each year. It is being offered in compliance with the Transfer of Property Act under Section 107.
  • A trade permitted by the Transfer of Property Act Section 108.
  • The conveyance of real property is covered under Section 123 of the Transfer of Property Act.
  • Transfer of an actionable claim is included in Section 130 of the Transfer of Property Act.
  • One hundred rupees or more is secured by every other mortgage. It is being offered in compliance with the Transfer of Property Act under Section 59.

Therefore, it follows that ownership may only be passed on in accordance with that way when the law mandates the existence of a written instrument and its registration. However, if the Transfer of Property Act or any other statute does not need a written document, the transfer may be completed orally.

oral transfer of property case laws

  • In the case of Keshri Mull v Sukan Ram, it was decided that even though an oral gift is allowed by this clause, it cannot be accepted unless possession is given. In the end, the ruling in Peddu Reddiar v Kothanda Reddi, which contested the constitutionality of oral property division, supported its legitimacy. Following this, a number of instances have shown that transfers can be completed orally in situations where the Act does not require writing.
  • In the case of Narsinghdas v Radhakisan, it was decided that the best way to determine whether a transaction can take place without a written record is to look for instances where the law clearly requires it to be done so. This finding supports our theory and the way we interpreted Section 9 of the Transfer of Property Act of 1882.

The legal basis for validating oral transfers is established by the Transfer of Property Act, which places an important priority on the necessity for tangible ownership and the intent of the parties. However, parties intending to transfer orally ought to be conscious of the potential hazards of failing to provide written evidence and the likelihood of conflicts in the event that terms and conditions are ambiguous.

In order to safeguard their interests while making well-informed decisions, stakeholders must be informed of the intricacies of property transfer according to the Transfer of Property Act, especially since the legal framework keeps on evolving.

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