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    <title>1996 (3) TMI 97 - KERALA High Court</title>
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    <description>A father cannot create a valid loan to his minor children by acting both as lender in his personal capacity and as guardian in a representative capacity, because a minor is incapable of contracting and no enforceable debtor-creditor relationship can arise. A person cannot occupy both sides of the same bilateral contract, even while purporting to act in different capacities. The purported advance therefore lacks legal enforceability as a loan and is treated as a gift for gift-tax purposes.</description>
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    <pubDate>Tue, 26 Mar 1996 00:00:00 +0530</pubDate>
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      <title>1996 (3) TMI 97 - KERALA High Court</title>
      <link>https://www.taxtmi.com/caselaws?id=18142</link>
      <description>A father cannot create a valid loan to his minor children by acting both as lender in his personal capacity and as guardian in a representative capacity, because a minor is incapable of contracting and no enforceable debtor-creditor relationship can arise. A person cannot occupy both sides of the same bilateral contract, even while purporting to act in different capacities. The purported advance therefore lacks legal enforceability as a loan and is treated as a gift for gift-tax purposes.</description>
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      <pubDate>Tue, 26 Mar 1996 00:00:00 +0530</pubDate>
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