Law:

Section:

JUDGMENT This reference has arisen under the Estate Duty Act, 1953 (Act No. 34 of 1953) (hereinafter to be referred to as "the Act"). The Income-tax Appellate Tribunal, Delhi Bench 'C', has referred the following question of law for opinion: "Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in excluding the value of the property in question from the assessment holding that the deceased was not competent to dispose of the same and that it did not pass on her death ?" So far as the facts are concerned there is no dispute, though the learned counsel for the accountable person sought to contend that there was some controversy as to facts. The dispute relates to the estate of Savitri Devi. She died on the 17th of November, 1963. On the date of her death, there were two properties which stood in her name. These properties were evaluated at Rs. 1,63,200 by the Assistant Controller of Estate Duty. The accountable person is the husband of the deceased, Shri M.L. Manchanda. The property is situate at Faridabad. Initially, it consisted of two plots, Nos. 5-C/1 and 5-C/2, measuring 800 square yards. These plots were allotted to the husband subject to the approval of the development board. The allotment was approved by the board. Later on, the accountable person requested the Faridabad Development Board to transfer the said plots to his wife. This request was accepted subject to the condition that the sum of Rs. 1,408-3-0 be first deposited. This amount was so deposited and by his letter dated 30th April, 1956, the accountable person requested that the said plots be transferred in the name of his wife. Later on, the Assistant Settlement Officer addressed a communication to the lady if she wanted the leasehold rights to be converted into freehold rights. This communication was accepted and the amount demanded was paid by the accountable person, who, later on, with his own money constructed a house of which only the ground floor portion was initially put up. This building was then let out to the Oriental Bank of Commerce Ltd. at a rent of Rs. 600 per month by the accountable person and, with the amounts so recovered, it is stated that…

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