https://www.taxtmi.com/caselaws?id=40150 A gift of movable property by a seriously ill donor who died shortly after execution may qualify as a gift in contemplation of death for exemption under section 5(1)(xi) of the Gift-tax Act, 1958. The governing requirements are illness with expectation of imminent death, delivery of possession to the donee, and a defeasible gift that would fail if the donor recovered. An express recital in the deed that the property would revert on recovery is not essential, because the defeasible character may be inferred from surrounding circumstances, including the donor's condition and the timing of death. Gifts made during marz-ul-maut may also fall within the same principle. en-us Wed, 10 Jul 1991 00:00:00 +0530 Sat, 19 Jul 2014 09:07:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=40150 A gift of movable property by a seriously ill donor who died shortly after execution may qualify as a gift in contemplation of death for exemption under section 5(1)(xi) of the Gift-tax Act, 1958. The governing requirements are illness with expectation of imminent death, delivery of possession to the donee, and a defeasible gift that would fail if the donor recovered. An express recital in the deed that the property would revert on recovery is not essential, because the defeasible character may be inferred from surrounding circumstances, including the donor's condition and the timing of death. Gifts made during marz-ul-maut may also fall within the same principle. Case-Laws Income Tax Wed, 10 Jul 1991 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=40150