High Courts(1946) 04 AHC CK 0026

Narendra Singh Ju Deo vs Junior Secretary, Board of Revenue

Allahabad High Court · Decided on 1 April 1946

RESULT
Dismissed
CASE NUMBER
Misc. Case No. 389 of 1942

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Judgment

3 paragraphs · 286 words

Allsop, Ag. C.J.

1.

This is a stamp reference. The matter has been referred to us by the Chief Controlling Revenue-authority under S. 57, Stamp Act, 1899. A reference was made to it by the Collector suggesting that the instrument with which we are concerned was a settlement and not a trust, as it has been held to be by the Chief Inspector, of Stamps. The Chief Controlling Revenue-authority is of the opinion that the deed is a trust and not a settlement, but they expressed some doubt upon the subject. In our opinion, the document is not a settlement. The owner of the property transferred it to three trustees who were to manage it on his behalf during his life time and were to make certain arrangement in the event of his death. There are certainly certain, directions about the manner in which the trustees are to dispose of the income of the property and about gifts which they are to make to his daughters by way of dowry in the event of their marriages. We do not think that the deed taken as a whole can be regarded as one executed for the purpose of the distribution of the owner''s property. He reserved the right of revocation to himself, and it seems quite clear to us that his general intention was that the property should remain in the hands of the trustees for some time and that they should deal with it in the manner in which he would have dealt with it if he had not created a deed of trust.

2.

A copy of our judgment shall be sent to the Revenue-authority under the provision of S. 59 (2), Stamp Act, 1899.