https://www.taxtmi.com/caselaws?id=36856 Property transferred by a Hindu undivided family karta to his wife in discharge of her maintenance claim was held not to be a gift under the Gift-tax Act, because a transfer is gratuitous only when made voluntarily and without consideration in money or money's worth. The wife's right to maintenance under Hindu law and section 18(1) of the Hindu Adoptions and Maintenance Act, 1956, constituted pre-existing legal consideration in the form of quittance of a legal duty. As the Tribunal found the transfer arose from a family settlement at partition and was made in lieu of maintenance, it was not liable to gift-tax. en-us Tue, 20 Mar 1979 00:00:00 +0530 Thu, 25 Mar 2010 10:35:31 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=36856 Property transferred by a Hindu undivided family karta to his wife in discharge of her maintenance claim was held not to be a gift under the Gift-tax Act, because a transfer is gratuitous only when made voluntarily and without consideration in money or money's worth. The wife's right to maintenance under Hindu law and section 18(1) of the Hindu Adoptions and Maintenance Act, 1956, constituted pre-existing legal consideration in the form of quittance of a legal duty. As the Tribunal found the transfer arose from a family settlement at partition and was made in lieu of maintenance, it was not liable to gift-tax. Case-Laws Income Tax Tue, 20 Mar 1979 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=36856