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april 1972

Supreme Court of India · 1972-04-19

THE CONTROLLER OF ESTATE DUTY, MYSORE,BANGALORE vs HAJI ABDUL SATTAR SAIT & ORS.

Citation / case number
SC 1968/60333
Court
Supreme Court of India
Petitioner
THE CONTROLLER OF ESTATE DUTY, MYSORE,BANGALORE
Respondent
HAJI ABDUL SATTAR SAIT & ORS.
Author
SIKRI, S.M. (),SHELATM.,RAY, A.N.,DUA, I.D.,KHANNA, HANS RAJ
Bench
SIKRI, S.M. (CJ),SHELAT, J.M.,RAY, A.N.,DUA, I.D.,KHANNA, HANS RAJ

Judgment text excerpt

The Supreme Court held that the Cutchi Memons, originally Hindus who converted to Islam, retain aspects of Hindu Law regarding property succession and inheritance due to their historical context. The Court clarified that while the Bombay High Court restricted the application of Hindu Law to succession and inheritance, the Madras High Court recognized broader applications, including coparcenary and survivorship. The appeal was dismissed, affirming the Madras view that Cutchi Memons regulated their property affairs according to Hindu Law, thus impacting estate duty assessments under the Estate Duty Act, 1953, specifically Sections 3 and 64(1).

THE CONTROLLER OF ESTATE DUTY, MYSORE,BANGALORE vs HAJI ABDUL SATTAR SAIT & ORS. · Niyam