Law:

Section:

Section 10 of the Estate Duty Act, 1953 - Gift whenever made where donor not entirely excluded - Whether where possession and enjoyment of property had been bona fide assumed by donee, and retained by him, mere presence or stay of donor for a few days prior to his death, without any benefit being given to him by contract or otherwise, would not prevent retention of possession and enjoyment of property by donor to exclusion of donee as contemplated by section 10 - Held, yes FACTS The subject matter of the trust created by deceased vide deed executed on 1-5-1955 was premises No. 38, where the settlor used to reside. The trustees were directed to pay the rates and taxes and out of the balance of the income of the property they were to pay to settlor's wife, daughter and grand children. None of these beneficiaries had any power of anticipation. At the end of a period of ten years, the trustees were to transfer the property to the said beneficiaries. In the absence of any of the beneficiaries aforementioned property was to go to the Sadharan Brahmo Samaj. In another document dated 14-8-1955, the settlor stated that he was residing not at above mentioned premises but at another premises. On 8-5-1969, she settlor executed a document stating, inter alia, that he never invested himself of his proprietary interest and actual physical possession and that he had at all times been and was still living in premises No. 38, in his own right as the exclusive owner thereof with his wife, daughter and son-in-law, that he cancelled and determined the trust created on 1-5-1955;. and that he had to execute the document of the 8-5-1959, because the relationship between his son and daughter was not quite happy. The settlor also on the same day, executed a will under which he bequeathed the said property to his son subject only to the condition that his wife should have the right of residence exclusively in a portion of the said premises. The Assistant Controller included the value of those premises in the principal value of the estate. That the property gifted to the son, was enjoyed by the deceased right upto the date of his death inasmuch as he lived and died in that place and…

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