TaxTMI 
TaxTMI 
1973 (4) TMI 47
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.... Duty Act, 1953 ? " The material facts of the case, as can be gathered from the case stated, are these : One Venkataramayya died in April, 1940, leaving behind him his widow and two sons, who constituted a Hindu undivided family. One of his sons, namely, Chandrasekhara Rao, died in the year 1941, leaving behind him six minor sons and a widow. Subsequently, a partition was effected between the members of the family on June 16, 1943, by a registered partition deed. Under that deed Kotamma, the widow of Venkataramayya, who had a right to inherit her husband's share in the non-agricultural properties as well as the right to be maintained from out of the family income, gave up her right both in the non-agricultural properties, except the r....
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....ss on the deceased's death to the extent to which a benefit accrues or arises by the cesser of such interest, including, in particular, a coparcenary interest in the joint family property of a Hindu family governed by the Mitakshara, Marumakkattayam or Aliyasantana law. " The remaining portions of that section are not relevant for our present purposes. There is no dispute that when Kotamma died her interest in the wet land ceased and that it passed on to the other members of the former joint family as provided in the partition deed. Hence, prima facie, the present case comes under section 7 of the Act. The only question is whether the arrangement made under the partition deed can be considered as a " disposition " within the meaning o....
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....ly, that there was no " disposition " under the partition deed, we do not think it necessary to go into the other contention. We are unable to accept the contention of Mr. Rama Rao that under the partition deed there was a " disposition ". According to him, the true nature of the transactions entered into under the partition deed were that Kotamma gave up all her rights in the family properties, including her right to maintenance unilaterally, but at the same time the other members of the family voluntarily gave her 25 acres of wet land to be enjoyed by her during her lifetime. For this contention of his he placed reliance on the terms of the partition deed. In a matter like this we are not merely to look at the form in which the deed is....
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...., without limiting the generality of the foregoing, includes--- (a) the creation of a trust in property ; (b) the grant or creation of any lease, mortgage, charge, easement licence, power, partnership or interest in property; (c) the exercise of a power of appointment of property vested in any person, not the owner of the property, to determine its disposition in favour of any person other than the donee of the power; and (d) any transaction entered into by any person with intent thereby to diminish directly or indirectly the value of his own property and to in- crease the value of the property of any other person. " The question for consideration in that case was, inter alia, whether a partition is a "disposit....