9911796707
TMI Blog1998 (7) TMI 44X X X X Extracts X X X X X X X X Extracts X X X X ..... Tribunal, Jabalpur, under section 64(1) of the Estate Duty Act, 1953, and the following question of law has been referred by the Tribunal for answer by this court : "Whether, the Tribunal was right in holding that on an interpretation of the terms of the adoption deed and the provisions of the Hindu law the deceased, Komal Chand, did not acquire any interest in the property of Nathu Rain at the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er of the joint family of his adoptive father, Nathu Ram, and Komal Chand's right could not be curtailed and, as such, he had a share in the family property and hence he was assessed only on 1/3rd at Rs. 1,15,876 and Komal Chand had equal right in the property from his adoptive father and adoptive mother, Smt. Maharani. The appellate authority upheld the order of the Assistant Controller (Estate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed on Komal Chand, and therefore no part of the property passed on to Komal Chand on December 10, 1975. The Tribunal accordingly deleted addition of Rs. 1,15,876. On the application made by the Revenue, the Tribunal has referred the aforesaid question of law for answer by this court. We have heard learned counsel for the parties and perused the record. It appears that the Tribunal has completely ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nless there is a custom or usage applicable to the parties which permits persons who have completed the age of fifteen years being taken in adoption. At the time of adoption, Komal Chand was aged 40 years which appears from annexure-D adoption deed wherein the age of Komal Chand is clearly mentioned as 40 years. Therefore, as per clause (iv) of section 10, no person above the age of 15 years can b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... If any finding is given in these proceedings, perhaps it might affect the rights of the parties in any other litigation and may cause greater hardship. Looking to the facts and circumstances of the case, we set aside the order of the Tribunal and remand the case to the Tribunal to decide the matter afresh in the light of the provisions referred to above. Accordingly, this reference is answered. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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