1969 (4) TMI 3

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..... rds maintenance attracted section 12 or in the alternative section 10. The question to consider is : " Whether, on the facts and in the circumstances of the case, the properties settled by the deceased by the six deeds of settlement valued at Rs. 7,38,656 or any part thereof was not liable for inclusion in the estate of the deceased as property deemed to pass on his death ? " We are of the view that there is no room whatever for the application of section 12. The gift deeds were all executed more than two years prior to the death of the deceased. The first four deeds are in favour of his sons and grandsons and are in stereotyped form. The disposition in these documents of the immovable property is of absolute ownership. On that matter t .....

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..... her section 10 is attracted. In our opinion, the non-exclusion clause as to possession and enjoyment does not apply. The deeds are clear on that, for, they say that possession has been delivered. It has to be assumed, therefore, that the donee in each case assumed possession and enjoyment and to the entire exclusion of the donor. The question then is whether there was an exclusion of the donor from any benefit to him by contract or otherwise. That the provision for payment of maintenance in the deeds in favour of the sons, grandsons and daughter amounted to a contract can admit of no doubt. The obligation to pay maintenance is supported by the consideration of making a gift in each of these cases. The only other question, therefore, is, is .....

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..... d is a different matter. But it is obvious that the valuation of the benefit would in every case arise only on the death of the donor. That would, therefore, furnish the basis for the computation of the value of benefit, that is to say, the amounts of maintenance fixed in each of the first four deeds multiplied by the years of the donor's existence would give the value on which the charge will attach. So far as the provision in the deed in favour of the daughter is concerned, no sum has been fixed as maintenance. It is for the in consultation with that accountable person to fix the quantum in that case which would be taken as having passed on the death of the deceased. We may add that so far as the deed in favour of the wife is concerned, i .....

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