The deed in favour of the daughter companytained a provision You have to maintain myself and my wife during our life time.
Appeals by special leave from the judgment and order dated April 9, 1969 of the Madras High Court in Tax Case No.
1770/70 and for respondents in No.
D. Karkhanis, S. P. Nayar and R. N. Sachthey, for the appellant in C.A. No.
1000/ per year for my domestic expenses.
The High Court answered that question partly in favour of the Revenue and partly in favour of the assessee.
It opined that the value of the property gifted in favour of the wife of the deceased is number to, be taken into companysideration in companyputing the value of the property that passed on the death of the deceased.
C. Setalvad, K. Srinivasan and T. A. Ramachandran, for respondents in C.A. No.,
Thereafter at the instance of the accountable persons, the question set out earlier was referred to the High Court.
In respect of the properties gifted to the sons, grandsons and the daughter of the deceased only the annual payments that had to, be made to the deceased as well as his right to maintenance should be valued for the purpose of determining the extent of the right that passed on his death.
Deed dated the 26th June, 1951 settling 67.600 1/2 acres of agricultural lands on Shri D. Nataraja Pillai, son 1,10,408 Deed dated the 25th June, 1951 settling 74.91 acres of agricultural lands on Shri R. Ramali ngam Pillai, son 1,12,365 Deed dated the 30th June, 1951 settling 80.72 acres of agricultural lands on Shri R. Subramania Pillai, son 1,21,080 Deed dated the 30 June, 1951 settling 67.95 acres of agricultural lands on Ganapathi Pillai and Sivakumar Pillai, minor grandsons of the deceased 1,01,925 Deed dated the 30th June, 1951 settling 133.55 acres of agricultural lands of Smt.
474/73 .
The deed in favour of the wife companytained the following words In the hope that you will support me during my life time, I do hereby settle.
2 of 1966 Reference No.
He died on February 5, 1959 leaving behind him his four sons, some grandsons, wife and daughter who are the accountable persons.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
They furnished an account of the properties passing on the death of the deceased to the Deputy Controller of Estate Duty, Madras who was the assessing authority.
The facts of the case material for the purpose of deciding the question of law formulated above as companyld be gathered from the case stated are as follows One Ratnasabapathy Pillai was the owner of the properties with which we are companycerned in this case.
The accountable persons appealed to the Central Board of Direct Taxes, New Delhi.
474/73 .
The Deputy Controller did number accept the companyrectness of the return made by them.
1770/70 and for appeals in C.A. No.
The Judgement of the Court was delivered by HEGDE, J. Both these appeals, by special leave arise from the judgment of the High Court of Madras in a Reference under s. 64 1 of the Estate Duty Act, 1953 to be hereinafter referred to as the Act .
He added to the return made, the value of the following properties settled by the deceased on his wife, sons, grandsons and daughter.
The question of law referred in that case is Whether, on the facts and in the circumstances of the case, the properties settled by the deceased by the six deeds of settlement two of them dated 26th June, 1951 and four of them dated 30th June 1951 valued at Rs.
T. Sivakumu Ammal, daughter 1,99,623 Deed dated the 26th June, 1951 settling 68.17 acres of agricultural lands on the wife, Smt.
1 of 1966 .
1770 of 1970 and 474 1973.
7,38,656/ or any part thereof was number liable for inclusion in the estate of the deceased as property deemed to pass on his death.
Value of property settled Rs.
