9911796707
TMI Blog1983 (2) TMI 15X X X X Extracts X X X X X X X X Extracts X X X X ..... t "), the following question of law has been referred to this court for its opinion: "Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that only 39.51% of the value of the assets of the HUF is liable to be added under section 34(1)(c) of the Estate Duty Act instead of 3/5ths, i.e., 60% adopted by the A.C.E.D. ? " The material facts giving ris ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s not in accordance with the provisions of s. 34(1) of the Act. It was contended that in a notional partition of the entire family the wives of the sons of the deceased were also entitled to a share equivalent to the sons and that instead of adding 3/5ths, that is to say, 60% of the value of the HUF property, only 39.51% would be liable to be added. This contention was upheld by the Tribunal. Henc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted so as to form one estate and estate duty shall be levied thereon at the rate or rates applicable in respect of the principal value thereof. As provided by s. 39 of the Act there would be notional partition, i.e., a partition immediately before the death of the deceased. The result of such partition would be that the wife and the three sons of the deceased would along with the deceased be ent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... who are entitled to a share in the joint family property if a partition were to take place in the lifetime of the deceased. The wife of the son of the deceased cannot be brought into the picture at that stage. What has to be aggregated by virtue of the provisions of s. 34(1)(c) of the Act is the interest of, the lineal descendants on a notional partition in the joint family as provided by s. 39 of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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