Jwala Bank Ltd. , Benares v. Sheobodh Chandra Banerji
1946-04-01
body1946
DigiLaw.ai
JUDGMENT Allsop, Ag. C.J. 1. A Hindu widow executed a document by which she surrendered her life interest in her husband's property in favour of the next reversioners, her three daughters. The document was stamped as a release. It is contended by the Chief Inspector of Stamps that the document was a gift. Reference has been made to the case of In Re: Khetramoni Debya, AIR 1938 Patna 33 With the greatest respect to the learned Judges of the Patna High Court, we do not think that their decision is correct. If the transaction with which we are concerned was a gift or for that matter a conveyance or transfer, the three daughters benefited by it would stand in the shoes of the Hindu widow who executed the document or in otter words, they would have a life interest during the lifetime of the Hindu widow. But that is not the position at all When a Hindu widow surrenders her life interest in the property in favour of the reversioners who are in existence at that time those reversioners become the absolute owners and they do not hold the Hindu widow's life interest during her lifetime. ft they did, and they happened to die before the widow, then the property would go to the reversioners who were alive at the time of the widow's death. In our judgment, this document with which we are concerned is certainly not a gift or a conveyance or a transfer of any kind. It is a mistake to go into the question whether it comes within the terms of the definition of the word "release" in the Indian Stamp Act, 1899. If it does not come under that definition, then presumably, it is agreement upon which a smaller amount of fee would be payable. We are quite clear that this document is not to be stamped as a gift or transfer of any kind, or a conveyance, and that it is at least sufficiently stamped.