Settlement and gift-Distinction between

002(3) Kar. L.J. 77

IN THE HIGH COURT OF KARNATAKA AT BANGALORE

Mrs. DEVAKI AND ANOTHER

Verses

Mrs. LINGAMMA

(A) KARNATAKA STAMP ACT. 1957, Section 2(1)(q)(ii) Indian Stamp Act, 1899, Section 2(24)(b) - Settlement and gift-Distinction between - Though under both property is given without consideration, however where gift under regis- tered deed is for providing for dependent, document is deed of settlement and not deed of gift - Since document is in- tended to have immediate operation, it confers title to property immediately on beneficiary.

KARNATAKA STAMP ACT, 1957, Section 201) Transfer of Property Act. 1882, Section 123 Indian Evi- dence Act, 1872 Sections 68 and 72- Deed of settlement Proof of excution of Since law does not require attesta- tion of such document though it is attested, it may be proved in admission or otherwise, as though no attesting witnesses existed- Examination of at least one of attesting witnesses, held, is not obligatory.

(C) HINDU SUCCESSION ACT, 1956, Sections 8 and 15- Karnataka Stamp Act, 1957, Section 2(1)(q)(ii)-- Deed of settlement Effect of Where owner of property during his lifetime had transferred his property to his wife and daugh- ter to exclusion of other class I heirs, such class I heirs excluded consequently have no claim against heirs who are beneficiaries under deed - However, they are entitled to equal share in property vested with their mother on her death intestate-Partition suit decreed accordingly by Trial Court, held, is according to law.