Relinquishment deeds supported by dispute settlement were not gifts, so Estate Duty Act section 10 did not apply.

Amounts transferred under relinquishment deeds were treated as transactions supported by consideration, not voluntary gifts, because the documents showed they were executed to settle disputes and secure relinquishment of property rights. Since a gift requires transfer without consideration, the presence of settlement-based consideration negatived the character of a gift. On that basis, section 10 of the Estate Duty Act, 1953 did not arise for application on the facts found.

---

---

Issues: Whether the amounts transferred to the sons under the relinquishment deeds constituted gifts, and, if not, whether section 10 of the Estate Duty Act, 1953 could apply.

Analysis: The transactions were embodied in documents styled as relinquishment deeds and contained recitals showing that the amounts were given in the context of settling disputes and securing relinquishment of rights in property. A gift requires a transfer without consideration, and the presence of consideration, including the settlement of controversy or obtaining an admission that precludes dispute, negatives the character of a gift. On the document language and surrounding circumstances, the transfers were not voluntary gifts but transactions supported by consideration. Since the first question was answered against the Revenue, the second question did not survive for decision.

Conclusion: The amounts were not gifts, and section 10 of the Estate Duty Act, 1953 did not arise for application on the facts found.

---