9911796707
TMI Blog1968 (10) TMI 33X X X X Extracts X X X X X X X X Extracts X X X X ..... e property at Kachiguda. 3. Lorry property at Kachiguda?" The facts as ascertained from the statement of the case are as follows. The deceased, one Lingampeta Raja Gowd, died on 8th January, 1954, leaving two daughters, Manikamma and Tajbai, both married, the latter to one Somalingam. Tajbai and Somalingam had a minor son, Jaishankar Gowd, who is the person accountable for the estate of the deceased, under the Estate Duty Act (hereinafter called "the Act"). The Assistant Controller assessed the estate of the deceased on August 31, 1958, determining the net principal value of the estate of the deceased to be Rs. 2,24,202, the duty payable thereon being Rs. 11,775.25. In computing the principal value of the estate of the deceased, the Assi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s that I made with my father and other relatives. And I have managed after due consideration and thought to get the contents of this document fully and completely executed in the presence of my husband, Somalingam Sahib. Therefore, I have executed these few words by way of sale deed, which shall be binding upon me, and my L. Rs. " This document was not even attested by the deceased. The amount was received in cash before the Registrar. Thereafter, the house was re-purchased by Tajbai. There is nothing to show that the consideration flowed from the father, the deceased. On November 18, 1953, Tajbai mortgaged the property (annexure " G ") for a sum of O.S. Rs. 20,000 to one S. G. Ramireddi, through her husband, Somalingam, as her power of at ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the donee and thenceforward retained to the entire exclusion of the donor or of any benefit to him by contract or otherwise. Section 10 is as follows: " Property taken under any gift, whenever made, shall be deemed to pass on the donor's death to the extent that bona fide possession and enjoyment of it was not immediately assumed by the donee and thenceforward retained to the entire exclusion of the donor or of any benefit to him by contract or otherwise: Provided that the property shall not be deemed to pass by reason only that it was not, as from the date of the gift, exclusively retained as aforesaid, if, by means of the surrender of the reserved benefit or otherwise, it is subsequently enjoyed to the entire exclusion of the donor or o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the son-in-law on behalf of his wife ; and therefore an inference that the property is benami in the name of the daughter cannot be drawn from the mere fact that the amount is shown to be credited to the capital account of the son-in-law. Sri Ananta Babu for the department strenuously contends that, since the Assistant Controller as well as the Central Board have not taken into consideration the fact that Tajbai had sold the house in 1952 and re-purchased it, an additional statement of the case should be called for from them on this question. We do not find this to be necessary, inasmuch as the Central Board had itself annexed a copy of the sale deed, which is unimpeachable. What legal effect follows from that admitted transaction and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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