lsquo X rsquo a Muslim executes a deed of gift on 1 1 2002 of his property to lsquo Y rsquo but del...........

Registeration Act 1908 Others

‘X’ a Muslim executes a deed of gift on 1-1- 2002 of his property to ‘Y’, but delivery of possession is not given. Later, on 10-1-2002 executed another gift deed in favour of ‘Z’ which was accompanied by delivery of possession to ‘Z’. The gift deeds in favour of ‘Y’ & ‘Z’ were registered on 30-1-2002 & 20-1-2002 respectively.

In these facts,

the gift deed executed in favour of ‘Y’ on 1-1-2002 & registered on 30-1-2002 shall have precedence even if possession was not delivered to ‘Y’ & gift was not complete

the gift deed executed in favour of ‘Z’ on 10-1-2002 & registered on 20-1-2002 shall have precedence as possession was delivered to ‘Z’ as the gift was complete under Muslim law

both the gift deeds shall be void

none of the above

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Explanation:

Section 48 –
48. Registered documents relating to property when to take effect against oral agreements. All non-testamentary documents duly registered under this Act, and relating to any property, whether movable or immovable, shall take effect against any oral agreement or declaration relating to such property, unless where the agreement or declaration has been accompanied or followed by delivery of possession and the same constitutes a valid transfer under any law for the time being in force: Provided that a mortgage by deposit of title deeds as defined in section 58 of the Transfer of Property Act, 1882 (4 of 1882), shall take effect against any mortgage-deed subsequently executed and registered which relates to the same property.