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    <title>1998 (1) TMI 39 - MADRAS High Court</title>
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    <description>A deed that, on its true construction, transfers the corpus of property absolutely under Muslim law cannot be cut down by clauses prohibiting alienation or directing devolution after the donee&#039;s death. Such restrictions are repugnant and void, while a limited interest may be created only in the usufruct. On the terms of the 1953 settlement, the assessee therefore took absolute ownership of the properties, and the later gift-over provisions in favour of his children were ineffective. The assessee&#039;s 1969 settlements in favour of his children were accordingly treated as taxable gifts under the Gift-tax Act.</description>
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    <pubDate>Tue, 06 Jan 1998 00:00:00 +0530</pubDate>
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      <title>1998 (1) TMI 39 - MADRAS High Court</title>
      <link>https://www.taxtmi.com/caselaws?id=16500</link>
      <description>A deed that, on its true construction, transfers the corpus of property absolutely under Muslim law cannot be cut down by clauses prohibiting alienation or directing devolution after the donee&#039;s death. Such restrictions are repugnant and void, while a limited interest may be created only in the usufruct. On the terms of the 1953 settlement, the assessee therefore took absolute ownership of the properties, and the later gift-over provisions in favour of his children were ineffective. The assessee&#039;s 1969 settlements in favour of his children were accordingly treated as taxable gifts under the Gift-tax Act.</description>
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      <pubDate>Tue, 06 Jan 1998 00:00:00 +0530</pubDate>
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