AIBE question and official answer

AIBE III 2012 Question 75

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Question 75 of 100 AIBE III 2012 Set Common

A gifts the house owned by her to B, her granddaughter, by providing the registered title deeds to the house to B. Two witnesses attested the registered title deeds. Is the gift valid and why?

  1. A The gift is valid because the principle above does not apply in this case, as A's house is a movable property, and only the land on which the house has been built is immovable.
  2. B The gift is valid because while the house is an immovable property, the gift by way of delivery of title deeds is an exception to the rule.
  3. C The gift is valid because A handed over the immovable property's registered title-deeds, which were attested by two witnesses, as a gift.
  4. D The gift is not valid because the house is an immovable property, and the gift of a house must therefore be registered and attested by witnesses. Official answer
  5. E The gift is not valid because despite A handing over the registered title deeds to the house, the gift transaction had no witnesses.

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