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february 1991

Supreme Court of India · 1991-02-15

SMT. P. LEELAVATHAMMA vs CONTROLLER OF ESTATE DUTY, ANDHRA PRADESH,HYDERABAD

Citation / case number
SC 1978/90426
Court
Supreme Court of India
Petitioner
SMT. P. LEELAVATHAMMA
Respondent
CONTROLLER OF ESTATE DUTY, ANDHRA PRADESH,HYDERABAD
Author
T.K. THOMMEN
Bench
T.K. THOMMEN

Judgment text excerpt

The Supreme Court upheld the High Court's decision that under the Estate Duty Act, 1953, Sections 5 and 74, estate duty is a burden on the estate upon death and not a deductible debt or encumbrance. The Court clarified that the liability for estate duty arises only after death, and thus cannot be deducted when computing the net principal value of the estate. Additionally, the Court ruled that maintenance obligations during the deceased's life do not constitute a deductible liability against the estate.

SMT. P. LEELAVATHAMMA vs CONTROLLER OF ESTATE DUTY, ANDHRA PRADESH,HYDERABAD · Niyam