ISMAIL, C.J.:-In this reference made under Sec.57 of the Indian Stamp Act (Central Act II of 1899), the question that requires to be considered, as set forth by the Chief Controlling Revenue Authority, Board of Revenue, Madras, is-

"Whether the document dated 5th November 1975 executed by the respondent and purporting to be a trust deed is just a trust deed and liable to be stamped as such under Art.64-A of Schedule I to the Stamp Act or is a settlement deed as defined under S.2 (24) of the Stamp Act and therefore liable to be stamped as such under Art.58-A of Schedule I to the Stamp Act?"

Before referring to the concept of a settlement deed or a trust deed as defined in the Act or as known to the law, we would like to refer to the terms of the document in question since ultimately it is the terms of the document which will determine the character of the transaction. The document was executed by the respondent, T. Ranganathan Pillai, on 5th November, 1975 in favour of his mother's sister's husband. In the document it is recited that even during the lifetime of his father, the respondent and his brothers became divided from the father and because of his inexperience and inabi