Correct option is C
Section 9 of the Transfer of Property Act, 1882, specifically relates to "oral transfer." According to this section, a transfer of property can be made without a written instrument if it is not expressly required by law to be in writing. This provision allows for certain transfers to be conducted orally, provided they meet the requirements laid down by the Act.
Section 9 ensures that while most transfers of property require a written instrument to be valid, there are exceptions where an oral agreement may suffice, particularly when the law does not mandate a written document. This flexibility is crucial in circumstances where parties may not have access to formal documentation processes but still wish to legally transfer property.
Information Booster
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Oral Transfer (Under Section 9): Section 9 allows for the transfer of property without the need for a written document, provided that such a transfer is not required by law to be in writing. This is particularly applicable in cases where the transfer is simple and does not involve complexities that would necessitate formal documentation. Examples could include the transfer of moveable property or certain types of immovable property where the law does not specifically mandate a written deed.
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Importance of Written Instruments: While Section 9 allows for oral transfers, most significant transactions, especially involving immovable property, are required by law to be in writing and registered to ensure legal validity and avoid disputes. This includes transactions like the sale, lease, or mortgage of immovable property, which typically require a formal deed.
Additional Knowledge
(a) Section 7: Section 7 of the Transfer of Property Act deals with the "persons competent to transfer." It specifies who can legally transfer property, stating that the transferor must be competent to contract, i.e., of sound mind, not disqualified by law, and legally entitled to transfer the property in question.
(b) Section 8: Section 8 deals with the "operation of transfer." It states that unless a different intention is expressed or necessarily implied, a transfer of property passes all the interest which the transferor is capable of passing in the property and in the legal incidents thereof. This section addresses the scope and effect of the property transfer, not specifically oral transfers.
(c) Section 5: Section 5 defines "transfer of property" and explains that it refers to an act by which a living person conveys property, in the present or future, to one or more other living persons, or to himself, or to himself and one or more other living persons. This section provides a basic definition of what constitutes a transfer of property but does not specifically address oral transfers.
