GIFT UNDER INDIAN LAW
Gift of property in India is governed by The Transfer of
Property Act, 1882 ("TOPA"). Section 122
defines "Gift" as the transfer of certain existing
moveable or immoveable property made voluntarily and without
consideration, by one person, called the donor, to another, called
the donee, and accepted by or on behalf of the donee.
Chapter VII of the TOPA further lays down the law governing
transfer of property by way of gift. Section 123 requires that
transfer of immovable property by way of gift must be effected by a
registered instrument signed by or on behalf of the donor, and
attested by at least two witnesses. However, an exception is carved
out in under Section 129 which inter alia clarifies that
nothing in Chapter VII shall be deemed to affect any rule of
Mahomedan law. Consequently, Section 129 excludes the rule of
Mahomedan law from the purview of Section 123 which mandates that
the gift of immovable property must be effected by a
