1922 (1) TMI 5

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..... claim to future maintenance, there was nothing illegal at all; and it is not necessary to say anything further on the subject of gift. By the Transfer of Property Act, Section 9 A transfer of property may be made without writing in every case in which a writing is not expressly required by law and, therefore, one has to look at the rest of the Act to see whether writing has been expressly required by law for such a transaction as this. Apart from the question of gift, the only sections, which it is claimed, could apply are Sections 54 and 118. Section 54 relates to sales, a sale being defined as a transfer of ownership in exchange for price paid or promised . In this case one has to consider whether there was a price paid or promised by .....

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..... ne's mind the different articles to be exchanged can possibly turn an exchanged transaction into a sale. 3. The remaining section is Section 118 which deals with exchanges. By that section Exchange is defined as follows : Where two persons mutually transfer the ownership of one thing for the ownership of another, neither thing or both things being money only, the transaction is called an Exchange , in this transaction the husband transfers the land or the right to use the land during the life time of the wife and the wife gives up her right to future maintenance. It seems to me that there are two reasons why this transaction cannot be an exchange within that definition. First of all, the husband does not transfer the ownership of .....

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..... and would only add that even if the transaction is treated as a settlement of family disputes there is nothing in Hindu law requiring it to be in writing. Partition can under Hindu Law be made without any document and a settlement cannot be in a worse position. 7. It is argued that the transaction must be viewed as a gift of immoveable property as under Hindu Law an agreement by a husband to provide for the future maintenance of his wife is invalid and there being no legal and valid consideration for the transfer it is in effect a gift. I see nothing illegal in Hindu Law for a husband to make provision for the future maintenance of his wife. It is very often a very proper thing to do. Even assuming that the agreement to provide for futur .....

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