Section 2 in The Estate Duty Act, 1953

2. Definitions. In this Act, unless the context otherwise requires,--

(1) " affidavit of valuation" means the affidavit of valuation made under section 19-I of the Court- fees Act, 1870 , (7 of 1870 ) in connection with an application for the grant of representation;

(1A) 4[ " Appellate Controller" means a person appointed to be an Appellate Controller of Estate Duty under section 4;

(1B) " Appellate Tribunal" means the Appellate Tribunal appointed under section 5A of the Indian Income- tax Act, 1922 ; (11 of 1922 ;)]

(2) " Board" means the 5[ Central Board of Direct Taxes constituted under the Central Boards of Revenue Act, 1963 ]; (54 of 1963 )

(3) " company" includes any body corporate wheresoever incorporated;

(4) " controlled company" means a company as defined in section 17;

(5) " Controller" means a person appointed to be a Controller of Estate Duty under section 4 and includes a person appointed to be a Deputy Controller of Estate Duty or an Assistant Controller of Estate Duty;

1. This Act has been extended to the Union territories of Dadra and Nagar Haveli, Goa, Daman and Diu, and Pondicherry, with modifications, by Reg. 3 of 1963, s. 3 and Sch. (w. e. f. 1- 4- 1963 ). 2 The words" except the State of Jammu and Kashmir" omitted by Act 41 of 1954, s. 2 (2) and Sch. 3 15th October, 1953, vide Notification No. S. R. O. 1882, dated the 8th October, 1953, see Gazette of India, 1953, Pt. II, Sec. 3, p. 1595. 4 Ins. by Act 33 of 1958, s. 2 (w. e. f. 1- 7- 1960 ). 5 Subs. by Act 54 of 1963, s. 5, for certain words (w. e. f. 1- 1- 1964 ).

(6) " deceased person" and" the deceased" mean a person dying after the commencement of this Act;

(7) " estate duty" means estate duty under this Act;

(8) " executor" means the executor or administrator of a deceased person;

(9) " general power" includes every power or authority enabling the donee or other holder thereof to appoint or dispose of property as he thinks fit, whether exercisable by instrument inter vivos or by will or both, but exclusive of any power exercisable in a fiduciary capacity under a disposition not made by himself or exercisable as mortgagee;

(10) " incumbrances" includes mortgages and terminable charges;

(11) " interest in expectancy" includes an estate in remainder or reversion and every other future interest whether vested or contingent, but does not include reversions expectant upon the determination of leases;

(12) " legal representative" means a person who in law represents the estate of a deceased person, and includes--

(i) an executor,

(ii) as regards any obligation under this Act, any person who takes possession of, or intermeddles with, the estate of a deceased person or any part thereof, and

(iii) where the deceased was a coparcener of a Hindu family, the manager for the time being of the family;

(12A) 1[ " person accountable" or" accountable person" means the person accountable for estate duty within the meaning of this Act, and includes every person in respect of whom any proceeding under this Act has been taken for the assessment of the principal value of the estate of the deceased;]

(13) " power to appoint property" means power to determine the disposition of property of which the person invested with the power is not the owner;

(14) " prescribed" means prescribed by rules made under this Act;

1. Ins. by Act 33 of 1958, s. 2 (w. e. f. 1- 7- 1960 ).

(14A) 1[ " principal officer", in relation to a company or a corporation established by a Central, State or Provincial Act, means the manager, managing director, managing agent or secretary, and includes any person connected with the management of the company or corporation upon whom the Controller has served a notice of his intention of treating him as the principal officer for the purposes of this Act;]

(15) " property" includes any interest in property, movable or immovable, the proceeds of sale thereof and any money or investment for the time being representing the proceeds of sale and also includes any property converted from one species into another by any method; Explanation 1.-- The creation by a person or with his consent of a debt or other right enforceable against him personally or against property which he was or might become competent to dispose of, or to charge or burden for his own benefit, shall be deemed to have been a disposition made by that person, and in relation to such a disposition the expression" property" shall include the debt or right created. Explanation 2.-- The extinguishment at the expense of the deceased of a debt or other right shall be deemed to have been a disposition made by the deceased in favour of the person for whose benefit the debt or right was extinguished, and in relation to such a disposition the expression" property" shall include the benefit conferred by the extinguishment of the debt or right;

(16) " property passing on the death" includes property passing either immediately on the death or after any interval, either certainly or contingently, and either originally or by way of substitutive limitation, and" on the death" includes" at a period ascertainable only by reference to the death";

(17) " public charitable purpose" includes relief of the poor, education, medical relief and the advancement of any other object of general public utility within the territory of India;

1. Ins. by Act 33 of 1958, s. 2 (w. e. f. 1- 7- 1960 ).

(18) " representation" means probate of a will or letters of administration;

(19) " settled property" means property which stands limited to, or in trust for, any persons, natural or juridical, by way of succession, whether the settlement took effect before or after the commencement of this Act; and" settlement" means any disposition, including a dedication or endowment, whereby property is settled;

(20) " Valuer" means a Valuer appointed under section 4.