Maintenance settlement from an impartible estate was neither sale nor gift under the statutory bar on transfers.
A transfer by the holder of an impartible estate to a younger son in lieu of customary maintenance was treated as a maintenance settlement, not a sale or a gift under section 23(1) of the U.P. Zamindari Abolition and Land Reforms Act, 1950. Because the deed reflected discharge of an existing maintenance obligation and involved no money consideration, it fell outside the statutory bar on recognition of such transfers. A remand for alleged procedural irregularities was also found unnecessary, as no disputed question of fact arose and the maintenance right was not denied in the pleadings. The challenge therefore failed.
Issues: (i) Whether a Gujaranama deed executed by the holder of an impartible estate in favour of a younger son in lieu of maintenance was a transfer by way of sale or gift within the meaning of section 23(1) of the U.P. Zamindari Abolition and Land Reforms Act, 1950; (ii) whether the matter required remand on account of alleged procedural irregularities before the Rehabilitation Grants Officer.
Issue (i): Whether a Gujaranama deed executed by the holder of an impartible estate in favour of a younger son in lieu of maintenance was a transfer by way of sale or gift within the meaning of section 23(1) of the U.P. Zamindari Abolition and Land Reforms Act, 1950.
Analysis: An impartible estate, though incapable of partition, remains impressed with the incidents of joint family property to the extent of the junior members' right of maintenance and survivorship. The deed itself recorded that the younger sons had a customary right to maintenance and that provision was being made for the respondent in lieu of that right. There was no money consideration to support a sale, and the transfer was not a gratuitous gift but a settlement made in discharge of the obligation to provide maintenance. A transaction of that nature does not fall within the mischief of section 23(1).
Conclusion: The deed was not a transfer by way of sale or gift under section 23(1) and was not hit by that provision.
Issue (ii): Whether the matter required remand on account of alleged procedural irregularities before the Rehabilitation Grants Officer.
Analysis: Remand was unnecessary because no disputed question of fact was raised before the authority and the challenge rested only on a question of law. The appellant did not dispute the customary right of maintenance in the written statement, so the alleged failure to follow ordinary civil procedure did not prejudice the case or justify sending the matter back.
Conclusion: Remand was not warranted.
Final Conclusion: The transaction was upheld as a maintenance settlement outside section 23(1), and the procedural challenge failed, so the appeal was dismissed with costs.
Ratio Decidendi: A transfer made by the holder of an impartible estate to a junior family member in satisfaction of the latter's customary right of maintenance is neither a sale nor a gift for the purpose of the statutory bar on recognition of transfers.
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