High CourtsFull Bench(1892) 08 MAD CK 0015

In Re: Reference Under Stamp Act, Section 49

Madras High Court · Decided on 9 August 1892 · Citation: (1893) ILR (Mad) 419

HON’BLE JUDGES
Wilkinson, J · Parker, J · Muttusami Ayyar, J · Arthur J.H. Collins, J

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Judgment

4 paragraphs · 103 words
1.

The deed is not an instrument of gift but purports to transfer to Chidambaram Pillai the property of the executant''s husband, subject to the

payment of his debts. It also purports to reserve 1/4 cawni for the maintenance of the executant and provides for the re-transfer of the property in

case she should give birth to a son. There is nothing to show that the value of the interest transferred exceeded Its. 64. The value of the property

cannot be taken as the value of the interest actually transferred. We are unable to hold that the document is liable to stamp duty.