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    <title>1949 (9) TMI 26 - CALCUTTA HIGH COURT</title>
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    <description>A gift or bequest to two deities without specified shares was treated under settled Hindu law as an equal gift to tenants in common, because deities are juristic persons capable of holding property. The court held that this rule applies to deities as well, so their interests were defined and known in law. Authorities under the Indian Succession Act did not alter that result, as they concern lapse of legacies and cannot create a joint tenancy or an interest unknown to Hindu law. On that basis, the proviso to Section 41 of the Indian Income-tax Act was inapplicable, and the assessee&#039;s position was sustained.</description>
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    <pubDate>Thu, 01 Sep 1949 00:00:00 +0530</pubDate>
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      <title>1949 (9) TMI 26 - CALCUTTA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=272912</link>
      <description>A gift or bequest to two deities without specified shares was treated under settled Hindu law as an equal gift to tenants in common, because deities are juristic persons capable of holding property. The court held that this rule applies to deities as well, so their interests were defined and known in law. Authorities under the Indian Succession Act did not alter that result, as they concern lapse of legacies and cannot create a joint tenancy or an interest unknown to Hindu law. On that basis, the proviso to Section 41 of the Indian Income-tax Act was inapplicable, and the assessee&#039;s position was sustained.</description>
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      <pubDate>Thu, 01 Sep 1949 00:00:00 +0530</pubDate>
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