Law:

Section:

Section 10 of the Estate Duty Act, 1953 - Property which is deemed to pass - Gifts whenever made where doner not entirely excluded - Deceased, prior to her death on 26-9-1957 had gifted agricultural land to her two grandsons - Grandsons being minor at time of gift same was accepted by mother in their behalf - One of donees died within few months of said gift and a mutation was effected in favour of surviving donee - Assistant collector included value of said gifted land in estate of deceased on ground that it was not complete, since there could be no valid acceptance on behalf of minors by mother in the presence of father, and said gift was sham and benami transaction and intended to defeat provisions of P epsu Tenancy & Agricultural Lands Act, 1955 - Whether a gift made by a grandmother to grandchildren could be validly accepted by mother of minors even in presence of father - Held, yes - Whether therefore, there was no reason for regarding transaction as benami in sense that tenants did not attorn to donees and that rent continued to be realised from the tenants by donor - Held, yes - Whether conclusion that gift was a sham transaction entered into with object of evading provisions of Pepsu Tenancy & Agricultural Lands Act was not justified because Act itself only came into force on 30-10-1956, and gift would only have been hit by its provision if it had taken place after 21-8-1956 - Held, yes - Whether, therefore, agricultural land gifted by deceased was not correctly included in estate of deceased as property passing on her death - Held, yes FACTS The deceased died on 26-9-1957. More than two years before her death, the deceased had executed a gift deed, which was registered, by which an agricultural land was gifted to her two grandsons. Both were minors at the time of the gift which was accepted in their names by their mother. However one of the doness, died within a few months of the gift and a mutation was certainly effected in favour of the surviving brother. The accountable person submitted a statement of account regarding the estate of the deceased. However the Assistant Controller of Estate Duty refused to recognise the gift as valid on the…

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