https://www.taxtmi.com/caselaws?id=276440 A transfer of an actionable claim is governed by section 130 of the Transfer of Property Act, not by Mahomedan law requirements of acceptance and delivery, once the statutory formalities of a signed written instrument are satisfied. Section 129 preserves Mahomedan law only for gifts within Chapter VII, while section 130 in Chapter VIII specifically makes transfers of actionable claims complete and effectual on execution. Reading the donor's letter of 3 May 1955 with the contemporaneous draft letter and affidavit, the Court treated the gift of the sale-proceeds claim as having been made on that date and rejected the objection that part of an actionable claim could not be gifted. The gift was therefore completed more than two years before death and was not liable to estate duty. en-us Wed, 19 Feb 1964 00:00:00 +0530 Mon, 12 Nov 2018 11:33:26 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=276440 A transfer of an actionable claim is governed by section 130 of the Transfer of Property Act, not by Mahomedan law requirements of acceptance and delivery, once the statutory formalities of a signed written instrument are satisfied. Section 129 preserves Mahomedan law only for gifts within Chapter VII, while section 130 in Chapter VIII specifically makes transfers of actionable claims complete and effectual on execution. Reading the donor's letter of 3 May 1955 with the contemporaneous draft letter and affidavit, the Court treated the gift of the sale-proceeds claim as having been made on that date and rejected the objection that part of an actionable claim could not be gifted. The gift was therefore completed more than two years before death and was not liable to estate duty. Case-Laws Income Tax Wed, 19 Feb 1964 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=276440