Oral transfer was valid in India prior to the enactment of the Transfer of Property Act, 1882 considering that delivery of possession was the only valid transfer in the ancient times.2 The Indian Contract Act, 1872 accommodated the same through Section 10 of the Act, allowing for an Oral Agreement to be valid. On the same basis, The Transfer of Property Act, 1882 allowed for an Oral transfer of Property under Section 9 of the said act, which lays down that a transfer of property may be made without writing in every case in which writing is not expressly required by law.3Hence it functions as an enabling statute.
2017-18-Vol3-Issue1-_20
