9911796707
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Issues:
Interpretation of will provisions regarding property disposition upon death of testator's widow; Determination of property passing on widow's death for estate duty assessment; Evaluation of widow's exclusive interest in property under Estate Duty Act. Analysis: The case involved the interpretation of a will made by the testator regarding the disposition of his property, specifically a building known as "Mangala Vilas." The will provided for the widow's right to live in the property during her lifetime and subsequent enjoyment by the two sons equally. Upon the widow's death, the Assistant Controller of Estate Duty valued the property under section 40(a) of the Estate Duty Act, considering it as passing property. The accountable persons, the two sons, appealed contending that no property passed on the widow's death concerning "Mangala Vilas." The central issue revolved around whether the property passed on the widow's death as per the provisions of the will and the Estate Duty Act. The court analyzed the terms of the will, emphasizing that the widow's right of residence in the property was absolute and exclusive during her lifetime. The court noted that the widow's interest in the property constituted property passing on her death under sections 5 and 7 of the Estate Duty Act. The court rejected the argument that the sons had a joint interest with the widow in the property, highlighting that the widow's right of residence was not shared and her interest extended to the entire income from the property. The court emphasized that the widow's interest in the property fell within the definition of property under section 2(15) of the Act, reinforcing the assessment of property passing on her death. Regarding the valuation of benefits from interests ceasing on death under section 40 of the Act, the court clarified that if the widow had the exclusive right of residence, her interest extended to the whole income of the property. Therefore, the valuation under section 40(a) was appropriate, considering the widow's exclusive interest in the property. In conclusion, the court affirmed that the property known as "Mangala Vilas" passed on the widow's death, warranting its inclusion in the estate for estate duty assessment. The court ruled in favor of the department, directing the applicants to pay the costs and counsel's fee. The judgment provided a comprehensive analysis of the will provisions, the widow's exclusive interest in the property, and the application of relevant sections of the Estate Duty Act in determining property passing on her death.
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