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Beneficial ownership of a property purchased in the name of the deceased's wife with funds provided by the deceased. Analysis: The judgment pertains to a dispute over the beneficial ownership of a property purchased in the name of the deceased's wife using funds provided by the deceased. The deceased's estate duty assessment included the market value of the property in question on the grounds that the deceased was the beneficial owner at the time of his death. The accountable person contested this inclusion, arguing that the deceased intended to benefit his wife by providing funds for the purchase, and therefore, the property should not be considered part of the deceased's estate. The Tribunal applied section 82 of the Trusts Act, placing the onus on the transferee to prove the intention behind the purchase. The accountable person challenged this decision, claiming that the Tribunal erred in placing the burden of proof on them and that the evidence, including the deceased's conduct in wealth tax returns, supported the contention that the deceased did not intend to retain beneficial ownership. The High Court analyzed the evidence presented, focusing on the conduct of both the deceased and his wife post-purchase, as reflected in their respective wealth tax returns. The Court found that the evidence disproved any intention on the deceased's part to retain beneficial interest in the property, concluding that the deceased had no beneficial title to the property in question. The Court emphasized that when parties present evidence supporting their claims, the intention behind the transaction must be considered based on the available materials. In this case, the Court found that the evidence, particularly the wealth tax returns filed by the deceased and his wife, indicated that the deceased did not consider the property as his own, thereby discharging the onus of proving the intention behind the purchase. The Court disagreed with the Tribunal's view that the returns were insufficient to support the accountable person's claim, highlighting the significance of the deceased's conduct post-purchase in determining beneficial ownership. Consequently, the Court ruled in favor of the accountable person, holding that the deceased had no beneficial title to the property. The judgment favored the accountable person, who was awarded costs from the Revenue, including counsel's fee.
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