Section 123 of TPA : Section 123: Transfer How Effected

Explanation using Example

Imagine Rita wants to gift her nephew, Alex, a piece of land for his wedding. Under Section 123 of the Transfer of Property Act, 1882, Rita must have a deed of gift prepared that details the property transfer. This deed must be signed by Rita and at least two witnesses to be legally valid. Afterward, it must be registered with the appropriate government authority to complete the gift transfer.

Alternatively, if Rita decides to gift Alex a valuable painting instead of land, she can either follow a similar procedure with a registered instrument signed by her and witnessed, or she can simply hand over the painting to Alex. The act of delivery itself would suffice to make the gift of the movable property (the painting) legal.