1994 (9) TMI 20

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....ed by the assessee on May 2, 1970, and May 4, 1970, liable to gift-tax under the Gift-tax Act, 1958 ? " The facts necessary for the decision of the aforesaid question are that the assessee was the karta of a family which consisted of his two sons and two unmarried daughters. In a partition between the father and sons, the father was given a larger share, i.e., 18.47 acres of land and a house as against 9.82 acres of land only to each of the two sons. It is stated that the larger share to the father was because of the obligation of the family to maintain and marry off unmarried daughters. Later on, the father settled on his two unmarried daughters a part of the land held by him by settlement deeds dated May 2, 1970, and May 4, 1970. The v....

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....his unmarried daughter to discharge the liability of the family for her maintenance and marriage. The court, on a detailed consideration, was of the opinion that the discharge of liability for maintenance and marriage was a valid consideration and, therefore, the matter is well within section 2(xii) of the Gift-tax Act. The submission of learned counsel for the Department, however, is that this was a case of transfer of joint family property where the father had admittedly an obligation to maintain the unmarried daughter. The position, according to learned counsel, in the instant case, is different. The assessee as father has in the instant case discharged his obligation under section 20 of the Hindu Adoptions and Maintenance Act, 1956. We ....