STATE OF U P Vs. SHANTI

JUDGEMENT

(1.) THIS is a reference made by the Board of Revenue, under Section 57 of the Indian Stamp Act. The questions referred are :- 1. "Whether the instruments under consideration (Annexure-1 to the reference) embodies substance of a transaction which is a gift covered by Art.33 of Schedule I-B of the Act or is only a Release covered by Art.55 of Sch.I-B of the Act ?

(2.) KEEPING in view the provisions of Section 5 of the Act and the distinct interests of each and every executant demarcated with clear precision in the body of the instrument does the instrument under consideration, relate to such several distinct matters as are, under the said Section, chargeable with the aggregate amount of duties with which separate instruments, each comprising or relating to one of such matters, would be chargeable under the said Act ? 2. One Shrimati Thagia widow of Malangilal was the owner of a house, having received the same from her father through a registered will dated 5-9-38. Shrimati Thagia had four daughters and one son. One of the daughters Smt. Kaushi predeceased her mother Smt. Thagia. Shrimati Thagia died on 9-8-1971, leaving behind the following heirs :- 1. Sri Krishna son 2. Smt. Shanti }

(3.) SRI Jagdish Prasad