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1972 (4) TMI 36 - SC - Indian LawsWhether, on the facts and in the circumstances of the case, the entire property held by the deceased valued at ₹ 12,23,794 was chargeable to estate duty? Held that:- If the parties as aforesaid were governed in matters of property, succession and inheritance by the rules of Hindu law including the rules as to joint family property, its distribution according to the rule of survivorship and the right of a son in it by birth, the High Court would be right in its view that the accountable persons, having been born long before 1948, had already acquired a right by birth in the property held by their father, a right expressly saved by section 3 of the Act. There was, therefore, no question of that interest passing to them on the death of their father as envisaged by section 5 of the Estate Duty Act. In this view, the judgment of the High Court under challenge has to be upheld. The appeal, therefore, fails and is dismissed
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