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Citedby 215 docs - [View All]
Monie Ardeshir Baria And Piloo F. ... vs Controller Of Estate Duty, Bombay on 3 December, 1975
Balkishan Muchhal vs Controller Of Estate Duty on 9 March, 1973
Controller Of Estate Duty vs Mrs. Kamala Pandalai on 14 March, 1975
Controller Of Estate Duty, Kerala vs M/S. R.V. Vishwanathan & Ors on 21 September, 1976
Dr. S.D. Kulasekharan vs Controller Of Estate Duty on 21 January, 1991

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Central Government Act
Section 10 in The Estate Duty Act, 1953
10. Gifts whenever made where donor not entirely excluded. Property taken under any gift, whenever made, shall be deemed to pass on the donor' s death to the extent that bona fide possession and enjoyment of it was not immediately assumed by the donee and thenceforward retained to the entire exclusion of the donor or of any benefit to him by contract or otherwise: Provided that the property shall not be deemed to pass by reason only that it was, not, as from the date of the gift, exclusively retained as aforesaid, if, by means of the surrender of the reserved benefit or otherwise, it is subsequently enjoyed to the entire exclusion of the
1. Subs. by Act 13 of 1966, s. 38, for" one year" (w. e. f. 1- 4- 1966 ). 2 Subs. by Act 33 of 1958, s. 4, for sub- section (2) (w. e. f. 1- 7- 1960 ).
donor or of any benefit to him for at least 1[ two years] before the death: 2[ Provided further that a house or part thereof taken under any gift made to the spouse, son, daughter, brother or sister, shall not be deemed to pass on the donor' s death by reason only of the residence therein of the donor except where a right of residence therein is reserved or secured directly or indirectly to the donor under the relevant disposition or under any collateral disposition.]