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july 1986

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.

M.CT. MUTHIAH & ANOTHER ETC. vs THE CONTROLLER OF ESTATE DUTY, MADRAS ETC.(AND VICE VERSA) · Niyam