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july 1969

Supreme Court of India · 1969-07-31

SATYANARAYANA MODI vs THE CONTROLLER OF ESTATE DUTY, DELHI AND RAJASTHAN,N

Citation / case number
SC 1967/159
Court
Supreme Court of India
Petitioner
SATYANARAYANA MODI
Respondent
THE CONTROLLER OF ESTATE DUTY, DELHI AND RAJASTHAN,N
Bench
SHAH, J.C. (CJ)

Judgment text excerpt

The Supreme Court held that under Section 10 of the Estate Duty Act, 1953, if the donee does not assume bona fide possession and enjoyment of the gifted property to the exclusion of the donor, the property remains part of the donor's estate for estate duty purposes. The Court found that the donor retained significant benefits from the fixed deposit receipts, and there was no evidence to support the claim that the donor acted solely as a guardian or benamidar for the donee. Consequently, the appeal was dismissed, affirming the lower courts' decisions that the amounts were liable for estate duty.

SATYANARAYANA MODI vs THE CONTROLLER OF ESTATE DUTY, DELHI AND RAJASTHAN,N · Niyam