SAKARCHAND CHHAGANLAL vs CONTROLLER OF ESTATE DUTY, GUJRAT — 1972 PTD 636

Citation: 1972 PTD 636

Court: Gujarat High Court

Year: 1968

Decision Date: 1968-10-04

Parties: SAKARCHAND CHHAGANLAL vs CONTROLLER OF ESTATE DUTY, GUJRAT

Headnotes

Case cited as 1972 PTD 636

Judgment Text

Court Name: Gujarat High Court Judge(s): P. N. Bhagabati, Divan Title: SAKARCHAND CHHAGANLAL vs CONTROLLER OF ESTATE DUTY, GUJRAT Case No.: R Mate Duty Reference No. 1 of 1967 Date of Judgment:1968-10-04 Reported As: 1972 PTD 636 Result: Question answered in the negative JUDGMENT JUDGMENT BHAGWATI C. J.-This reference under the Estate Duty Act raises a question of considerable importance affecting transaction relating to buildings constructed by members of cooperative housing societies. The society with which we are concerned in this reference is Jain Merchants Cooperative Housing Society Ltd. One Chhagantal Laxmichand (hereinafter referred to as the deceased) was a member of this society and he held certain shares in its share capital. Plot No. I was allotted to him as a member out of the land owned by the society and on the plot so allotted to him, he constructed a superstructure at his own cost. He had two sons by the name of Sakarchand and Ramanial. On 8th March 1951, and thereafter, he took certain steps in regard to the plot and the superstructure on it and the question is as to tb true legal effect of what he did. First, on 8th March 1951, he divided the plot into two parts, one marked plot No. 1 and the other marked plots Nos. 1-A and 1-B. It appears that the latter part was given two plot numbers as there was a private Jai, temple on a portion of it and that portion was given plots No. 1-B. He "gifted" plot No. 1 to Sakarchand and plot Nos. 1-A and 1-B to…

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