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Issues:
1. Inclusion of the sum of Rs. 30,000 in the estate of the deceased. 2. Inclusion of Gaddemane Estate in the principal value of the estate under the Estate Duty Act. Analysis: The judgment pertains to the computation of estate duty concerning the estate of a deceased individual. The deceased, Raghupathy Hebbar, passed away leaving a will that included certain properties as self-acquisitions. The dispute primarily revolves around two parcels of lands: paddy lands purchased in 1967 and Gaddemane Coffee Estate registered in the name of the deceased's daughter. The accountable persons, appointed as executors, filed returns, leading to disagreements on the valuation and inclusion of these properties in the estate. Regarding the paddy lands, the Special Deputy Commissioner's order indicated a cloud on the deceased's title to one of the lands pending appeal. The Appellate CED valued the lands, differing from the Assistant CED's estimates. The Tribunal justified the inclusion of the sum of Rs. 30,000 due to potential liability on the vendor to refund the purchase price. The judgment emphasized the need to consider the deceased's right to claim the purchase money in case of defective title, highlighting the importance of pending appellate decisions on title validation. In the case of Gaddemane Estate, the will clearly indicated the deceased's ownership of the property despite being registered in the daughter's name. The judgment relied on precedents to establish that the daughter was a benamidar, and the property rightfully belonged to the deceased, passing to the legatee upon his death. The court affirmed the inclusion of Gaddemane Estate in the estate value under the Estate Duty Act, emphasizing the deceased's true ownership and the daughter's role as a name-lender. The judgment underscored the legal principles governing benamidar transactions and the transfer of beneficial interest upon the death of the true owner. It referenced relevant case law to support the decision on the inclusion of Gaddemane Estate in the estate value. Ultimately, the court answered both questions in favor of including the properties in the estate, directing the parties to bear their own costs.
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