M. N. CHANDURKAR C.J.

The two questions which are the subject-matter of these two references, one under section 26(1) of the Gift-tax Act, 1958 (T.C. No. 186 of 1979) and the other under section 256(1) of the Income-tax Act, 1961 (T.C. No. 141 of 1978) arise out of the same set of facts. One Sri Ranga Konar, who was the paternal grandfather of the assessee, executed a will of his property on September 11, 1930, by which he bequeathed his property to five of his sons. After the death of Sri Ranga Konar, the five sons, experiencing some difficulty in partitioning the property according to the will, decided to ignore the will and effected partition by a duly drawn up partition deed dated December 3, 1934. As a result of the partition, Chinna Venkatachala Konar, one of the sons of the deceased, Sri Ranga Konar, received some property in respect of which he executed a will on March 11, 1938, bequeathing his property to his wife and daughter, Smt. Ponnammal, the assessee. Chinna Venkatachala Konar died on March 31, 1955, leaving behind the two legatees, namely, the widow and the daughter. There were some disputes raised by the brothers of the deceased, Chinna Venkatachala Kona