KIKABHAI SAMSUDDIN vs CONTROLLER OE ESTATE DUTY, ,GUJARAT — 1972 PTD 63

Citation: 1972 PTD 63

Court: Gujarat High Court

Year: 1968

Decision Date: 1968-10-10

Parties: KIKABHAI SAMSUDDIN vs CONTROLLER OE ESTATE DUTY, ,GUJARAT

Headnotes

Case cited as 1972 PTD 63

Judgment Text

Court Name: Gujarat High Court Judge(s): P. N. Bhagabati, Divan Title: KIKABHAI SAMSUDDIN vs CONTROLLER OE ESTATE DUTY, ,GUJARAT Case No.: Estate Duty Reference No. 2 of 1967. Date of Judgment:1968-10-10 Reported As: 1972 PTD 63 Result: reference made JUDGMENT JUDGMENT DIVAN, J.-In this reference made at the instance of the accountable person by the Central Board of Direct Taxes under section 64(1) of the Estate Duty Act, 1953 (hereinafter referred to as the Act), the following question has been referred to us: "Whether, on the facts and in the circumstances of the case, the sum of Rs. 1,75,000 representing the value of five immovable properties gifted by the deceased to his five sons by five gift deeds, dated the 25th September 1951, has been correctly included in the principal value of the estate of the deceased under the provisions of sections 10 and 12 of the Estate Duty Act, 1953 ?" This reference arises out of the estate duty assessment pertaining to the estate of Haji Samsuddin Rajabali, who died on June 30, 1954. Prior to his death, the deceased had executed five gift deeds, all dated September 25, 1951 ; and by each gift deed he gifted different immovable properties mentioned in the relevant gift deed to each of his five sons. At the time of these gifts, three of the sons were minors and is their cases, the gifts were accepted by the mother as the guardian of the three minor sons. The major sons themselves accepted the gifts on their behalf. In each of the five…

Read the full judgment on Al Wakeelo — Pakistan's AI-powered legal research platform.