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    <title>1965 (12) TMI 149 - MADRAS HIGH COURT</title>
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    <description>A bona fide partition of Hindu undivided family property by metes and bounds, following severance in status, is not a transfer of property for gift-tax purposes because each coparcener merely works out antecedent rights in the joint property rather than receiving property by a donor-donee transfer. The extended definition of transfer in section 2(xxiv)(d) was held not to cover such a partition, and the deeming provisions in section 4 were inapplicable on the facts. Section 20 did not change the position because the joint family is treated as continuing until partition by metes and bounds is recognised. The excess allotment to the son and grandsons was therefore not a gift and was not liable to gift-tax.</description>
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    <pubDate>Fri, 10 Dec 1965 00:00:00 +0530</pubDate>
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      <title>1965 (12) TMI 149 - MADRAS HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=273038</link>
      <description>A bona fide partition of Hindu undivided family property by metes and bounds, following severance in status, is not a transfer of property for gift-tax purposes because each coparcener merely works out antecedent rights in the joint property rather than receiving property by a donor-donee transfer. The extended definition of transfer in section 2(xxiv)(d) was held not to cover such a partition, and the deeming provisions in section 4 were inapplicable on the facts. Section 20 did not change the position because the joint family is treated as continuing until partition by metes and bounds is recognised. The excess allotment to the son and grandsons was therefore not a gift and was not liable to gift-tax.</description>
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      <pubDate>Fri, 10 Dec 1965 00:00:00 +0530</pubDate>
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