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2003 (12) TMI 53 - SC - Income TaxWhether the judgment of the courts below are vitiated because of the misreading of the evidence of PW-2, the attesting witness to the settlement deed? Whether the gift/settlement made by the father in favour of his married daughters of a reasonable extent of immovable property out of the joint Hindu family property is valid? Held that:- A father can make a gift of ancestral immovable property within reasonable limits, keeping in view, the total extent of the property held by the family in favour of his daughter at the time of her marriage or even long after her marriage. We accept the appeal, set aside the judgments and the decrees passed by the courts below. It is held that the respondent had the capacity to make a gift to a reasonable extent of ancestral immovable property in favour of his daughters. The gift was not vitiated by fraud or misrepresentation. The appellants are held to be the absolute owners of the suit property and the respondent is injuncted from interfering with the peaceful possession and enjoyment of the suit property by the appellants perpetually.
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