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November 2009

Gift — Gift deed of immovable property should be attested by two witness — Transfer of Property Act S. 123.

By Dr. K. Shivaram, Ajay R. Singh, Advocates
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  1. Gift — Gift deed of immovable property should be attested
    by two witness — Transfer of Property Act S. 123.

[Lankeswar Malakar & Ors. v. Harendra Nath Deka (Dead) &
Ors., AIR 2009 (NOC) 2462 (Gau.)]

As per S. 123 of Transfer of Property Act, a document
whereby a gift of immovable property is made should be attested by two
witness. The document if not proved as required u/s.68 of Evidence Act, the
donee cannot claim title over suit land by means of such a Gift deed.

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