Thursday, 7 November 2013

Transactions for which written documents are not necessary

Transactions for which written documents are not necessary

Some Transactions can be effected orally and no written document is necessary to give effect to the intentions of those transactions, like:

1. A Partition of Joint Family Properties

Case Laws:

Satya Kumar v Satya Kripal (1909) 10 CLJ 503

Peddu Reddiar v Kothanda Reddi AIR 1966 Mad 419

2. Compromise of Claim

Case Law: Thiruvengada Chariar v Ranganatha 13 MLJ 500

A transfer made in compromise of a claim is neither a sale nor a gift nor an exchange and no writing is necessary under the Transfer of Property Act, 1882 to validate the same, though such transfer may relate to immovable property.

3. Transfer by Husband to wife for future maintenance

Case Law: Madam Pillai v Badrakalli 45 Mad 612 (FB)

A transfer of land by a husband to be enjoyed by his wife during her lifetime in discharge of future maintenance is not a gift or sale and may be made without writing

4. Transfer in consideration of marriage.

Case Law: Serandaya Pillai v Sankaralingam Pillai (1959) 2 MLJ 502

A transfer of property in consideration of marriage pursuant to an oral agreement, followed by delivery of possession, need not be in writing.

5. Mortgage by deposit of Title Deed

A mortgage by deposit of title deed or an equitable mortgage need not be in writing.

6. A transfer of immovable property of value less than Rs.100/- can be effected orally.

7. A lease for less than 1 year

Case Law: Gulab Khan v Lal Muhammad  AIR 1926 Oudh 609

A lease of immovable Property for a period less than 1 year made by an oral agreement accompanied by delivery of possession need not be in writing.

8. A Hindu Religious Endowment

Case Law: Gangi Reddi v Tammi Reddy ILR 50 Mad 421(PC); 54 IA 136; 1927 PC 80; 50 MLJ 524.

A dedication by a Hindu of property for the purpose of a religious charity according to the Hindu Law can be validly made without any instrument in writing. But the appropriation or alienation must be made by an act inter vivos and not in future by a will.