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ISSUE:

What is the validity of a gift given "in contemplation of death" under Section 5(1)(xi) of the Gift Tax Act, 1958?

RULE:

According to section 5(1)(xi) of the Act, which states that the Gift-Tax Act shall not apply to a gift given by a person in anticipation of death.

The Indian Succession Act, 1925, Section 191, Gift-transferable property made in anticipation of death. By gift given in anticipation of death, a man may dispose of any moveable property that he may dispose of by Will.

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