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In Re: Reference from the Board of Revenue Under Section 46 of the Indian Stamp Act, 1879 - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in(1883)ILR7Mad349
AppellantIn Re: Reference from the Board of Revenue Under Section 46 of the Indian Stamp Act, 1879
Excerpt:
stamp act, section 3(19)(b) - settlement--gift. - charles a. turner, kt., c.j.1. the court is of opinion that the instrument is not a settlement within the meaning of the act but a gift.2. the definition of the term settlement suggests the creation of separate interest in favour of several persons who may have a legal or moral claim on the settlor or for whom he may desire to make a provision. it would not necessarily embrace the whole property of the settlor. in the present case there is an unqualified and absolute gift to two persons jointly, and although the result must be that a provision is made for them, it does not appear that it was the object of the gift.
Judgment:

Charles A. Turner, Kt., C.J.

1. The Court is of opinion that the instrument is not a settlement within the meaning of the Act but a gift.

2. The definition of the term settlement suggests the creation of separate interest in favour of several persons who may have a legal or moral claim on the settlor or for whom he may desire to make a provision. It would not necessarily embrace the whole property of the settlor. In the present case there is an unqualified and absolute gift to two persons jointly, and although the result must be that a provision is made for them, it does not appear that it was the object of the gift.


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