CONTROLLER OF ESTATE DUTY, MADRAS vs C. R. RAMACHANDRA GOUNDER

The Supreme Court held that under Section 10 of the Estate Duty Act, 1953, for property to be included in the estate of a deceased, the donee must have assumed possession and enjoyment of the property to the exclusion of the donor. The Court found that both conditions of Section 10 were satisfied as the father had unequivocally transferred ownership of the property to his sons, and thus, the property and the gifted amount could not be included in the estate. The appeal by the Revenue was dismissed, affirming the High Court's decision.