Law:

Section:

Section 5, read with sections 7 and 39 of the Estate duty Act, 1953 and section 14 of Hindu Succession Act, 1956 - Property passing on death - Whether if a female Hindu was possessed of any right which could be described as property in generic sense, same became vested in her as a full owner in spite of fact that right was not recognised as property under strict Hindu law - Held, yes - Deceased, his wife and his four sons constituted HUF which had been partitioned by surrender deed - Said surrender deed was exerted between deceased and his sons and it neither mentioned wife of deceased nor her share - Wife did not sue for reopening partition - Tribunal held that interest of wife was one-half in estate which came to deceased on partition and that only half of property would be deemed to have passed on death of deceased - Whether wife was entitled to 1/6th share in joint family property by virture of provisions of section 14 of 1956 Act and, therefore, property that passed on death of deceased was only his 5/6th share in said estate - Held, yes Section 10 of the Estate Duty Act, 1953 - Gifts wherever made where donor not entirely excluded - Deceased made gifts of money to his grandsons who deposited gifted amounts with certain firm in which deceased was not partner at relevant time but subsequently become its partner on its reconstitution, and continued to be so till his death - Whether benefit received by deceased from said firm was under context of partnership and wholly unconnected with gifts in question and therefore, Section 10 had no application and gifted amount could not be deemed to be property passing on deceased - Held, yes FACTS The deceased who died on 2-3-1967, his wife, the accountable person, and his four sons constituted a joint Hindu family. One of the sons died leaving a grandson. The grandson stepped into the shoes of his father. In 1950, there was a partition by a surrender deed executed between the deceased and his three sons and the grandson of the pre-deceased son. The surrender deed give particulars of the property which was allotted to the deceased. Clause (3) of the surrender deed and stated that the deceased relinquished all his rights…

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