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TMI Blog1987 (1) TMI 154X X X X Extracts X X X X X X X X Extracts X X X X ..... executed on29th Dec., 1972. Though the Will specifically provided that on the demise of the testatrix the rights in the said properties shall devolve on six grand sons, the WTO still added the value by observing that since such properties were not distributed among the grand sons upto the valuation date, i.e., 31st March, 1980 there was no question of accepting the respondent's claim. The AAC, however, deleted the value of the said properties by holding that the legatees were assessed in respect of the said properties for the period after the death and the conditions of the provisions of s. 19A(6) were fulfilled. 3. Before us Mrs. Archana Ranjan submitted that since s. 19A(6) necessarily stipulated distribution of the estate and because th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e four sons, namely, Tarun Chandra, Sharad Chandra, Vikas Chandra and Vineet Chandra, who are respectively now aged seventeen, sixteen, fourteen and thirteen years. 5. My younger son Shri Naresh Chandra is married to Smt. Suman and they have two sons, namely, Tarang Chandra and Anurag Chandra, both aged ten years at this time. 6(a) I hereby Will and demise that each of my said four grand sons, the sons of Shri Sheel Chandra shall on my death get 1/8th undivided right, title and interest in 7/18, Kirti Nagar Industrial Area property situate at New Delhi alongwith the movable property pertaining thereto as detailed in the said Partition Deed dt. 27th Dec., 1969 and 1/8th share out of my 1/12th share in the lease hold rights in 34, Ferozshah ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... legatee on any valuation date, be included in the net wealth of such specific legatee on that valuation date."
7. According to us the cause of litigation has arisen because the learned AAC did not refer to the clauses of the Will as such. By holding that by operation of law as stipulated in the Will, the property devolved immediately on the six grand-children of the deceased and non-mutation made no difference as far as accessability of the bequeathed property is concerned, we find no occasion to interfere with the ultimate decision reached by the learned first appellate authority vacating the addition.
8. In the result, whereas the Revenues' appeal is rejected, the cross objection is also dismissed as infructuous. X X X X Extracts X X X X X X X X Extracts X X X X
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