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.
