https://www.taxtmi.com/caselaws?id=7174 Section 10 of the Estate Duty Act, 1953 applies only where the donee takes bona fide possession and enjoyment and thereafter excludes the donor entirely from any retained benefit. On the facts discussed, recurring monthly payments from the sons to the donor showed a legally cognisable benefit only in relation to the stationery business, so inclusion was limited to that extent and did not extend to the whole business or the house properties gifted to the sons. The residential house gifted to the wife was not includible because title had vested in her, no enforceable right or benefit was retained by the donor, and mere continued residence in the matrimonial home did not satisfy section 10. en-us Thu, 06 Jul 1967 00:00:00 +0530 Thu, 12 Feb 2009 11:55:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=7174 Section 10 of the Estate Duty Act, 1953 applies only where the donee takes bona fide possession and enjoyment and thereafter excludes the donor entirely from any retained benefit. On the facts discussed, recurring monthly payments from the sons to the donor showed a legally cognisable benefit only in relation to the stationery business, so inclusion was limited to that extent and did not extend to the whole business or the house properties gifted to the sons. The residential house gifted to the wife was not includible because title had vested in her, no enforceable right or benefit was retained by the donor, and mere continued residence in the matrimonial home did not satisfy section 10. Case-Laws Income Tax Thu, 06 Jul 1967 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=7174