https://www.taxtmi.com/caselaws?id=7580 A provision made to the karta's wife in a partial partition was treated as supported by consideration, not as a gratuitous transfer. The wife had a legally enforceable right to maintenance from coparcenary property, and a family allocation referable to that obligation could operate as quittance pro tanto of the maintenance claim. Because the obligation was capable of being reduced into money or money's worth, the provision did not fall within the definition of a gift under the Gift-tax Act, 1958. Accordingly, the amount was not liable to gift-tax as a taxable gift. en-us Mon, 17 Mar 1969 00:00:00 +0530 Mon, 02 Mar 2009 13:53:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=7580 A provision made to the karta's wife in a partial partition was treated as supported by consideration, not as a gratuitous transfer. The wife had a legally enforceable right to maintenance from coparcenary property, and a family allocation referable to that obligation could operate as quittance pro tanto of the maintenance claim. Because the obligation was capable of being reduced into money or money's worth, the provision did not fall within the definition of a gift under the Gift-tax Act, 1958. Accordingly, the amount was not liable to gift-tax as a taxable gift. Case-Laws Income Tax Mon, 17 Mar 1969 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=7580