Benami property finding upheld on cogent evidence, excluding the house from the estate's principal value.

Property purchased in the deceased's name was treated as benami where the funds were traced to the accountable person, the money was kept in a joint account, the purchase and later expenses were met from that account, and the deceased had no independent income. The surrounding circumstances showed no intention to make a gift, and the finding was supported by consistent, cogent evidence. Because benami character is a pure question of fact, such a finding is not open to interference unless it is perverse or unsupported by evidence. The house property was therefore not includible in the principal value of the estate, and the issue was decided for the accountable person.

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Issues: Whether the value of the house property standing in the name of the deceased was includible in the principal value of the estate on the footing that she was only a benamidar and the property ly belonged to the accountable person.

Analysis: The property was purchased in the name of the deceased out of funds traced to the accountable person, who had remitted money for the family and had placed amounts in a joint account from which the purchase consideration and later expenses were met. The deceased had no independent source of income. The subsequent mortgages were also executed jointly by the deceased and the accountable person, and the surrounding circumstances supported the conclusion that no gift was intended when the funds were made available for the purchase. The finding that the transaction was benami was based on consistent and cogent evidence. Such a finding is one of fact and, absent perversity or lack of evidence, does not warrant interference.

Conclusion: The property was held to be benami and was not includible in the principal value of the estate. The question was answered in favour of the accountable person and against the department.

Ratio Decidendi: A finding that a transaction is benami is a pure question of fact, and if it rests on cogent evidence it cannot be disturbed unless it is perverse or on no evidence.

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