deed
A deed is a formal written document that creates, transfers, limits or extinguishes rights, such as a sale deed, gift deed, mortgage deed, lease deed or partnership deed. In India, the word is used loosely for any formal instrument; the English requirement of a seal does not apply.
The Transfer of Property Act, 1882 requires certain transfers to be made by a registered instrument (for example, sale of immovable property worth one hundred rupees or more, under s.54, and gifts of immovable property under s.123). Section 17 of the Registration Act, 1908 lists documents that must be registered; an unregistered compulsorily registrable document does not affect the property (s.49). Stamp duty is payable under the Stamp Act in force in the State.
Example
The gift deed was signed and attested by two witnesses but, being unregistered, could not transfer the house under s.123 of the TP Act.
In Indian law
- Sections 17 and 49, Registration Act, 1908
- Sections 54 and 123, Transfer of Property Act, 1882
See also
Read more in the study notes
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