Supreme Court of India · 1986-07-17
M.CT. MUTHIAH & ANOTHER ETC. vs THE CONTROLLER OF ESTATE DUTY, MADRAS ETC.(AND VICE VERSA)
- Citation / case number
- SC 1974/60478
- Court
- Supreme Court of India
- Petitioner
- M.CT. MUTHIAH & ANOTHER ETC.
- Respondent
- THE CONTROLLER OF ESTATE DUTY, MADRAS ETC.(AND VICE VERSA)
- Author
- SABYASACHI MUKHARJI
- Bench
- SABYASACHI MUKHARJI
Judgment text excerpt
The Supreme Court ruled that under Sections 2(15), 5, 6, and 34(3) of the Estate Duty Act, 1953, the personal accident insurance money received by the heirs of the deceased forms part of the estate and is subject to estate duty. The Court held that the deceased had an interest in the insurance money and that it should be aggregated with other properties for estate duty assessment. The Court also affirmed the Deputy Controller's finding that the deceased's coparcenary interest in joint family properties was one-half, rejecting claims regarding the adoption's impact on property rights.