1983 (5) TMI 12

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e-tax Appellate Tribunal, Allahabad Bench, Allahabad, has referred the following questions of law for the opinion of this court : " 1. Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in holding that the deceased had only 1/4th share in the agricultural holding which alone passed on his death on February 13, 1974 ? 2. Whether, on the facts and in th....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ng. It did agree that the U.P.Z.A. & L.R. Act barred transactions in the nature of family settlement. In respect of bonus shares, it was found that although in the meeting held on June 26, 1973, a resolution was passed to allot these shares to the deceased, approval of the Controller was obtained on November 26,1973, and February 7, 1974, but the letter of allotment having been issued on February ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....was no more applicable to agricultural holdings which came within the purview of the U.P.Z.A. & L.R. Act. According to him after the death of Chunni Lal, his son became the sole tenure-holder under s. 171 of the U.P.Z.A. & L.R. Act. In his lifetime, neither his mother nor his sons had any right in it. Arid no family settlement could be entered into between persons in whom there was no or there cou....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....r party relinquished all its claim or title in favour of such a person and acknowledges him to be the sole owner, then the antecedent title must be assumed and the family arrangement will be upheld. Therefore, family settlement could be entered into between persons who had some semblance of title. It cannot be disputed that the mother of Sri Garg and his sons did not have any semblance of title. M....