https://www.taxtmi.com/caselaws?id=8213 When a lessee remains in possession after expiry of the lease and the lessor assents by accepting rent, section 116 of the Transfer of Property Act creates a month-to-month tenancy by holding over. The tenancy interest is treated as transferable and heritable, so it can form property passing on death for estate duty purposes under section 64(1) of the Estate Duty Act. The Crown Grants Act, 1895 does not exclude the operation of section 116 on these facts, and section 2(c) of the Transfer of Property Act is not controlling where the tenancy arises independently after the lease ends. en-us Fri, 20 Aug 1971 00:00:00 +0530 Mon, 06 Apr 2009 09:07:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=8213 When a lessee remains in possession after expiry of the lease and the lessor assents by accepting rent, section 116 of the Transfer of Property Act creates a month-to-month tenancy by holding over. The tenancy interest is treated as transferable and heritable, so it can form property passing on death for estate duty purposes under section 64(1) of the Estate Duty Act. The Crown Grants Act, 1895 does not exclude the operation of section 116 on these facts, and section 2(c) of the Transfer of Property Act is not controlling where the tenancy arises independently after the lease ends. Case-Laws Income Tax Fri, 20 Aug 1971 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=8213