Benami property passing: treated as passing on death of ostensible owner and alternatively on death of real owner. Benami property is treated as passing on the death of the ostensible owner and is includible in the estate under the estate duty regime on that event; the CBDT instruction of February 1, 1980, records this view. The instruction also records that benami property will be held to pass on the death of the real owner for estate duty purposes, reflecting an alternative basis for inclusion.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Benami property passing: treated as passing on death of ostensible owner and alternatively on death of real owner.
Benami property is treated as passing on the death of the ostensible owner and is includible in the estate under the estate duty regime on that event; the CBDT instruction of February 1, 1980, records this view. The instruction also records that benami property will be held to pass on the death of the real owner for estate duty purposes, reflecting an alternative basis for inclusion.
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