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may 1977

Supreme Court of India · 1977-05-03

CONTROLLER OF ESTATE DUTY MADRAS vs ALLADI KUPPUSWAMY

Citation / case number
SC 1971/60078
Court
Supreme Court of India
Petitioner
CONTROLLER OF ESTATE DUTY MADRAS
Respondent
ALLADI KUPPUSWAMY
Author
SYED MURTAZA FAZALALI
Bench
SYED MURTAZA FAZALALI

Judgment text excerpt

The Supreme Court examined the applicability of Sections 7(1) and 39 of the Estate Duty Act, 1953, in the context of a Hindu widow's interest in joint family property upon her death. The Court held that the widow's interest, as defined under Section 3(2) of the Hindu Women's Rights to Property Act, 1937, does not constitute a coparcenary interest that passes on death, thus not attracting estate duty. The decision of the Central Board of Revenue was upheld, affirming that the widow's share in the joint family property was correctly included in her estate for estate duty purposes.

CONTROLLER OF ESTATE DUTY MADRAS vs ALLADI KUPPUSWAMY · Niyam