TMI Blog1936 (3) TMI 9X X X X Extracts X X X X X X X X Extracts X X X X ..... he said Ramaswami and his son Gopala Rao and the second defendant were members of an undivided Hindu family. On the 26th August, 1925, the said Ramaswami executed 4 deeds of gift in favour of the plaintiffs in the said suits giving them each about 2 acres of wet land and put them in possession of the same. The first defendant is a creditor who obtained a decree against the second defendant in O.S. No. 373 of 1925 on the file of the Additional District Munsif's Court, Tenali. He filed the said suit on the 18th of June, 1925, and applied for an order of attachment before judgment of the second defendant's share in the joint family property. But the attachment was not effected till 19th September, 1925. In the meanwhile the said gift d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the father of such indebtedness and that the transactions were brought about in view of the impending insolvency of the son, the gifts must be held to offend against the provisions of Section 53 of the Transfer of Property Act as the necessary result of such gifts would be to reduce a portion of the property from the son's share and prevent it from being available to his creditors. 2. It is contended by Mr. Lakshmanna that the view of the learned District Judge in applying Section 53 of the Transfer of Property Act is not sound. I am inclined to agree with his contention. Section 53 of the Transfer of property Act has no application to the facts of this case. There is no transfer by the 2nd defendant. The gift deeds were by the fa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e.... 3. Thus it will be seen that it is competent to a Hindu father to make a gift of reasonable portion of the ancestral Immovable property to his daughters without reference to the son; and such a gift cannot be said to have been made, as is observed by the learned District Judge in this case, on behalf of his son. It is a power vested in the father under the Hindu Law, which he can exercise subject to the restrictions or limitations imposed on him by the said law. The decided cases have held that the gift must be a reasonable one. The question whether a particular gift is reasonable or not will have to be judged according to the state of the family at the time of the gift, the extent of the family Immovable property, the indebtedness ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or effecting a partition among the members of the family, and of making due provisions for the obligations which the family has to discharge. It is not possible to understand how the indebtedness of one of the members of the family should prevent the father or the managing member from exercising the legitimate right which the Hindu Law gives him. 4. Mr. Rama Rao contended that it must be shown that the gift was made bona fide, that is, the dominant intention must be to make due provision for the daughters and not to defraud the creditors of the 2nd defendant and that the latter was the dominant intention in this case. I cannot follow this argument. If it was an obligation which the joint family had to fulfil and the gift was made in fulf ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
