1980 (3) TMI 76 - HC - Wealth-tax

Executor's Assent Vital in Property Vesting for Legatees: Court Emphasizes Trustee Role

The court emphasized the importance of the executor's assent in vesting properties in legatees before complete debt discharge. Referring to legal ... Executor, Wealth Tax, Will Issues:1. Whether the administration of the estate of the deceased had been completed on the relevant valuation date for the assessment year 1971-72Rs.Analysis:The case involved a Hindu Undivided Family (HUF) where the deceased, Swaminatha Mudaliar, bequeathed his properties to his son, Prakasam, and grandsons through a will. The Wealth Tax Officer (WTO) assessed the HUF without considering a separate assessment for the executor of the estate. The Appellate Assistant Commissioner (AAC) and the Tribunal differed on whether the estate administration was completed. The Tribunal held that since the estate duty assessment was pending, the estate value could not be included in the HUF assessment. The court referred to precedents like IRC v. Aubrey Smith and CIT v. Estate of Late Sri T. P. Ramaswami Pillai to discuss the concept of executor's assent to vest properties in legatees before complete debt discharge. The court emphasized that an executor can become a trustee before all debts are paid, and assent can be express or implied. The court directed the Tribunal to determine if the executor had given assent to vest the properties in the legatees during the relevant period. The court highlighted that the intention of the testator, as per Arunsachala Mudaliar v. Muruganatha Mudaliar, was crucial in determining the nature of the properties bequeathed. As the Tribunal had not considered the aspect of assent by the executor, the court returned the reference unanswered for further examination.The judgment delved into the intricacies of estate administration and the executor's role in vesting properties in legatees. It cited legal precedents to establish that an executor can become a trustee before complete debt discharge and that assent can be inferred from conduct. The court emphasized the importance of the testator's intention in determining the nature of bequeathed properties. The case highlighted the need for a thorough assessment of whether the executor had given assent to vest the properties in the legatees during the relevant period, emphasizing the significance of express or implied assent in such scenarios.