shall apply to any property acquired by way of gift or under a will or any other instrument or under a decree or order ... civil court or under an award where the terms of the gift, will or other instrument or the decree, order or award prescribe a restricted
submitted that where the heirs succeed to the property under a will or gift there is a legal obligation on them to maintain the widowed ... question is, when a stranger succeeds to the property under a gift or Will whether there is a legal obligation on him to maintain
time. as a grant without any pre-existing right under
a gift, will, instrument, decree, order or award, the terms
of which prescribe a restricted ... civil court or
under an award where the terms of the gift,
will or other instrument or the decree, order
or award prescribe a restricted
which
the asset was held by the assessee under a gift or will, is for the limited
purpose of determining as to whether the asset ... provides that where a capital asset is transferred under
a gift or will, then, such transaction shall not be regarded as transfer and
in such
alienate the properties comprised in
the estate by a deed of gift or will. [1115D-E]
The law has been clearly and succinctly stated ... deed of gift dated
May 14, 1951 gifted certain properties to his youngest son,
the respondent No. 1 herein. By his will dated
will be irrevocable, having regard to the disposition contained in the document, it will constitute only a will and not a gift, because there ... will not make the transaction which is otherwise a will, not to be a will nor the reservation of a power of revocation, will render
whether the document. Exhibit X, is a gift, or, partly a gift and partly a will?
8. After some argument it was conceded ... purely, and simply a gift, or a composite document, being both a gift and a will.
11. Mr. Prem Lall conceded that the document, Exhibit
civil Court or under an award where the terms of the gift, will or other instrument or the decree, order or award prescribe a restricted ... limited estate. In case she got the property by gift/will, the Court was entitled to assume that the donor/testator intended the doneeAegatee
property but she could
not dispose of the property by will, gift or sale. She was
also under a disability to encumber the estate though ... during her life
time with a limitation that she could not will, gift or sell
the property or encumber the same. In view of these
civil Court or under an award, where the terms of the gift, will or other instrument or the decree, order or award prescribe a restricted ... emphasised in the decision is that in the case of a will or gift, the Hindu female gets the property not as a matter
