Law:

Section:

Section 9 of the Estate-Duty Act, 1953 - Gifts within certain period before death - On 11-9-1954, deceased transferred under a sale deed ten acres of land to 'S' - He further executed on 5-9-1957, a gift deed in favour of 'S' in respect of six acres of land - Five years later, deceased changed his mind and executed a settlement deed on 1-12-1962 in respect of aforesaid ten acres of land in favour of 'DS' and his wife - On 21-12-1962 deceased executed a revocation deed cancelling gift dated 5-9-1957 - On 25-12-1962, deceased executed a settlement, deed in respect of aforesaid six acres of land in favour of 'DS' and his wife - 'S' took objection to this and filed a civil suit for permanent injunction restraining defendants including deceased - Finally, a compromise decree was passed by court on 13-1-1963 whereby settlement deed dated 25-12-1962 executed in favour of 'DS' and his wife was agreed to be given effect to - As regards balance ten acres of land, sale deed in favour of 'S' dated 11-9-1954 was confirmed not only by deceased but also by 'DS' and his wife - Subsequently, deceased died on 29-11-1963 - Whether, on aforesaid facts, since 'DS' and his wife got six acres of land only under settlement deed dated 25-12-1962, i.e., within two years before death of deceased, said six acres of land came within scope of section 9 and, thus, was to be included in estate of deceased for purpose of levy of estate duty - Held, yes - Whether so far as remaining 10 acrs of land was concerned, since 'S' had to enjoy said land with possession with absolute rights with effect from 11-9-1954, it had ceased to be part and parcel of deceased's property more than six years before his death, and consequently, no estate duty could be levied thereon - Held, yes FACTS On 11-9-1954, the deceased transferred under a sale deed ten acres of land to 'S'. He further executed on 5-9-1957, a gift deed in favour of the same lady in respect of six acres of land. Five years later, he changed his mind and executed a deed of settlement on 1-12-1962, in respect of the aforesaid ten acres of land, in favour of 'DS', and his wife. In this sale deed, he stated that the sale deed dated 11-9-1954, was a…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492