Navod Prasannan Shares Insights on Legal Requirements for Property Gifts and Family Land Transfers

Disputes over family property often arise when transfers are based on informal oral arrangements rather than legally recognised documentation. Commenting on a recent Madras High Court judgment involving a disputed oral gift of land, Navod Prasannan shared insights with ET Wealth Online on the legal requirements governing gifts of immovable property and the importance of maintaining accurate land records.

Navod explained that under Section 123 of the Transfer of Property Act, 1882, a gift of immovable property must be effected through a registered instrument signed by or on behalf of the donor and attested by at least two witnesses. An oral understanding alone is insufficient to constitute a valid gift of immovable property.

He emphasised that Hindu families should avoid relying on informal oral arrangements for property transfers, irrespective of the relationships between family members at the time. Such arrangements can become difficult to establish years later, particularly when disputes arise after the original family members are no longer alive. He advised that any gift of immovable property or family arrangement involving the division of property should be properly documented and registered in accordance with applicable law.

Navod also highlighted that patta and other revenue records should not be treated as conclusive proof of ownership, as entries may sometimes be incorrect. He advised families to periodically verify their land records, particularly following a re-survey, and raise objections at the appropriate stage if any discrepancies or incorrect entries are identified.

Read the full article here: https://economictimes.indiatimes.com/wealth/legal/will/sisters-husband-claimed-he-got-his-father-in-laws-land-via-oral-gift-and-sold-it-but-her-brothers-objected-madras-hc-rules-in-brothers-favour-for-this-reason/articleshow/135060653.cms 

Last Updated on 2 November, 2026