TMI Blog1997 (5) TMI 4X X X X Extracts X X X X X X X X Extracts X X X X ..... being mentioned taken on board. These appeals by certificate of fitness granted under section 261 of the Income-tax Act, 1961, and under section 29 of the Wealth-tax Act, 1957, raise a common question for consideration and, therefore, they are being disposed of by this common order. One, K. N. Shanmuga Sundaram, has gifted premises bearing door Nos. 8, 9 and 12, Karpagambal Nagar, Mylapore, Madras, to his three minor daughters, Padmalochani, Hamsa and Usha, respectively, by three separate documents. As per the gift deeds the gifts were made on account of the affection which the assessee had for his minor daughters and also the duty which the assessee and his minor son owed to maintain the donees in future in conformity with their famil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case, the Appellate Tribunal was right in law in holding that the gifts of immovable properties belonging to the joint family made by its karta to his minor daughters were not invalid and that, therefore, the income from the settled properties should not be included in the assessment of the assessee-family ?" Similarly, in the matter of the wealth-tax assessment of the assessee for the assessment years 1965-66 to 1969-70, the Wealth-tax Officer sought to include the value of the properties gifted by the assessee to his three minor daughters. The Appellate Assistant Commissioner directed the exclusion of the value of these properties in view of his finding that the gifts were valid. The said finding was confirmed by the Tribunal and the T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ence, such gifts are made at the time of marriage, but the right of the father or his representative to make such a gift is not confined to the marriage occasion and it is a moral obligation which continues to subsist till it is discharged. Marriage is only a customary occasion for such a gift but the obligation can be discharged at any time either during the life-time of the father or thereafter. The High Court has further held that the right of the father or his representative to make such a gift is not confined to the marriage occasion and that there was no reason why a father should not have the power to make a gift of a reasonable portion of the joint family property to his minor unmarried daughters who might get married or continue to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... venue, has submitted that the High Court was in error in extending the principle laid down by this court in Guramma Bhratar Chanbasappa Deshmukh v. Mallappa Chanbasappa, AIR 1964 SC 510, in respect of gift to a daughter in connection with her marriage or a married daughter to a gift to an unmarried daughter who may continue to remain a spinster and lead a life of celibacy. The submission is that this court in Ammathayee alias Perumalakkal v. Kumaresan alias Balakrishnan, AIR 1967 SC 569, has confined the principle laid down in Guramma Bhratar Chanbasappa Deshmukh v. Mallappa Chanbasappa, AIR 1964 SC 510, to the nature of the gift referred to therein. We do not consider it necessary to deal with the said contention urged by Dr. Gauri Shank ..... X X X X Extracts X X X X X X X X Extracts X X X X
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