Law:

Section:

Section 24 of the estate duty act, 1953-property reverting to disponer-exceptions from charge of duty-under a will, ak gave his wife, cd, a right of residence for her life in family dwelling house as also maintenance right out of his estate-cd was appointed by high court as administratrix of entire estate after ak died issueless-cd adopted minor sn as son-her agreement with sn made in 1913 stipulated, inter alia, that she would retain her right of residence and entire income from estate till his attaining majority and thereafter she would hand over to sn entire estate (excluding her personal or stridhan property and income accumulated during minority period) subject to a monthly maintenance amount of rs. 2,000-on his attaining majority sn and cd executed another agreement made in 1935 under which cd continued to have her right of residence and finally retained for her life for her absolute use and benefit six properties as a charge for said monthly maintenance amount of rs. 2,000-cd died on 13-11-1959-whether value of six impugned-properties retained by cd till her death was exempt from charge to estate duty under section 24-held, on facts, no Facts AK, who died issueless in 1909, had, by a will executed in 1907, given his wife, CD, the right of residence for her life in the family dwelling house as also the right of maintenance out of his estate. CD was appointed by the High Court in 1910 the administratrix of AK's estate. CD later adopted minor SN as her son. Under an agreement between RK (being in the capacity of a guardian of SN) and CD executed in 1913, it was stipulated, inter alia, ( i) that CD would be entitled to the entire income of the estate during the minority of SN subject to her maintaining SN; (ii) that CD would be entitled to have a separate suitable accommodation for her residence in the family dwelling house; (iii) that on SN attaining majority (a) she would be entitled to get Rs. 30,000 in case she desired to live separately, without any further claim on the family for residence; and (b) she would hand over to SN the entire estate, excluding her personal or stridhan property and the income accumulated during the minority period; and (iv)…

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