Section 129 - Saving of Donations Mortis Causa and Muhammadan Law
Section 129 of the Transfer of Property Act, 1882, is the saving provision at the end of Chapter VII (Of Gifts). It preserves the law governing gifts of movable property made in contemplation of death and the rules of Muhammadan law concerning gifts. The provision is important when deciding whether the ordinary gift formalities in Chapter VII apply to a particular transaction.
Section 129 - Saving of donations mortis causa and Muhammadan law (full text)
129. Nothing in this Chapter relates to gifts of movable property made in contemplation of death, or shall be deemed to affect any rule of Muhammadan law.
Meaning and scope of Section 129
The phrase "Nothing in this Chapter" refers to Chapter VII of the Transfer of Property Act, which deals with gifts in Sections 122 to 129. Section 129 makes clear that this chapter does not govern the two expressly saved categories. It does not, by itself, validate every purported gift or displace all other applicable laws.
1. Donations mortis causa
A donation mortis causa is a gift made in contemplation of death. Section 129 expressly saves gifts of movable property made in contemplation of death from Chapter VII. The legal effect of a particular transaction depends on the applicable rules and its facts; this exception should not be extended indiscriminately to all transfers of immovable property or all gifts made by an elderly or ill donor.
2. Gifts under Muhammadan law (hiba)
Section 129 preserves the applicable rules of Muhammadan law (Muslim personal law) concerning gifts, commonly called hiba. Generally, a valid hiba requires (i) a clear declaration of gift by the donor, (ii) acceptance by or for the donee, and (iii) delivery of possession, actual or constructive as legally appropriate. The nature of the property, parties' relationship and surrounding circumstances matter in determining whether possession was sufficiently delivered.
3. Registration and oral gifts
For an ordinary gift of immovable property governed by Section 123, a registered instrument signed by or on behalf of the donor and attested by two witnesses is required. However, Section 129 preserves gifts validly completed under Muhammadan law, including an oral hiba satisfying its legal essentials. A writing that itself creates or operates as an instrument of transfer must be assessed separately under applicable registration law; merely calling a document a memorandum does not settle its legal character.
How Section 129 relates to other gift provisions
Section 122 defines a gift and requires acceptance. Section 123 sets out how gifts of movable and immovable property are effected. Section 126 addresses suspension and revocation. Section 129 is a saving clause: rules in this chapter must be read subject to the two categories it expressly preserves.
Practical examples
Oral hiba: A Muslim donor declares an immediate gift of property to a donee, the donee accepts, and legally sufficient possession is delivered. The absence of a registered gift deed does not by itself defeat a gift valid under the applicable Muhammadan law rules.
Gift in contemplation of death: A person facing an apprehended death makes a gift of movable property in circumstances amounting to a donation mortis causa. Section 129 directs that Chapter VII does not govern that category; validity and effect remain subject to the applicable law and facts.
Frequently asked questions
Does Section 129 abolish registration for every gift?
No. It saves only the categories described in its text. Other gifts remain governed by applicable statutory requirements, including Section 123 where relevant.
Is a declaration alone enough for hiba?
Ordinarily no. Declaration, acceptance and legally sufficient delivery of possession must be established, subject to the applicable personal-law rules and recognised qualifications.
Are all deathbed transfers covered by Section 129?
No. The statutory saving specifically mentions gifts of movable property made in contemplation of death. The precise nature of the transaction and the governing law must be examined.
Official legal resources
For the current statutory text, consult the India Code legislative database for the Transfer of Property Act, 1882 and the Registration Act, 1908. See the Transfer of Property Act overview and Section 128 - Universal donee.