Law:

Section:

Section 9, read with section 27 of the Estate Duty Act, 1953 - Gifts within certain period before death - Passing on of - Whether there is no transfer involved in partition of joint family properties, nor is it between two persons, thus, it cannot be a gift for purposes of section 9 - Held, yes - Whether 'disposition' can only cannot a transfer or conveyance and does not contemplate peculiar characterists involved in process of allotment of properties on partition in a joint Hindu family - Held, yes - Whether since Hindu Law Permits of unequal partitions, unequal partition does not amount to a gift or disposition of property within meaning of either section 9 or 27 - Held, yes Words and phrases : Word disposition as occurring in section 27 of the Estate Duty Act, 1953 FACTS The deceased died leaving his widow and three sons. The deceased and his three sons constituted a HUF which was partitioned by partition deed. The widow filed a statement of account showing the principal value of the estate on the date of the death of the deceased. The Assistant Controller of Estate Duty made various adjustments including an item which was included as a gift in terms of section 9 read with section 27 of the Estate Duty Act. That item was the difference between the one-fourth share of the net value of the family properties, because of the difference due to unequal allotment of the share to the deceased in partition. On appeal, the Appellate Controller upheld the order of the Assistant Controller on further appeal, the Tribunal held that such unequal partition might be described as a constructive disposition which was held within the mischief of section 27 and, thus, upheld the finding of the lower authorities. On reference : HELD It may be observed that there is no definition of gift in the Estate Duty Act, except that section 9 itself gives the manner in which it can be effected; that is, that a disposition by way of transfer, delivery, declaration of trust, settlement upon person in succession, or otherwise, of any property, effected inter-vivos, will be deemed to pass on the death, if it is not made bona fide two years or more before the death of the deceased. In other…

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