Practicing Success

Target Exam

CUET

Subject

Legal Studies

Chapter

Topics of Law

Question:
In which of the following cases, the Court held that a person can acquire an immovable property by way of an Oral transfer also?
Options:
Gajadhar v. Rombhaee 1938
Madam Pillai V. Badar Kali
Cooper v. Cooper 1874
Carlill v. Carbolic Smoke Ball Co
Correct Answer:
Madam Pillai V. Badar Kali
Explanation:
In Madam Pillai V. Badar Kali (45 Mad 612 (FB), the plaintiff being the first wife made a claim for maintenance to her husband. The husband orally transferred his lands of the value of Rs. 100/- to the plaintiff. Later, he executed an instrument of sale in favour of the defendant for the same property. The plaintiff initiated a suit stating that the transfer was initially made in her favour and the subsequent sale to the defendant was not valid. The defendant stated that the transfer in favour of the plaintiff failed for want of a registered instrument. The Court held that - the plaintiff acquired a title by way of oral transfer and she is entitled to the property though the instrument of sale was not registered.