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1972 (9) TMI 23

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..... iew of the Gift-tax Act and an order of assessment was passed after giving notice to the petitioners' father as donor - Whether settlement of ancestral property by father in favour of sons is valid and whether karta of HUF has powers to make settlements - - - - - Dated:- 12-9-1972 - Judge(s) : V. RAMASWAMY., G. RAMANUJAM. JUDGMENT The judgment of the court was delivered by RAMANUJAM J. - .....

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..... donor, but, as the amount could not be recovered from him, proceedings were initiated by the Tax Recovery Officer against the petitioners as donees. At this stage the petitioners have come up to this court seeking for a writ of prohibition restraining the Tax Recovery Officer from continuing the recovery proceedings on the ground that the settlement deed executed by their father is invalid in l .....

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..... is well-settled that under the Hindu law even the karta of a Hindu undivided family has no power to convey the properties by way of either settlement or gift. This legal position is conceded by the learned counsel for the revenue but what he submits is that if all the facts in relation to the nature of the properties had been placed before the Gift-tax Officer either by the petitioners or by thei .....

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