https://www.taxtmi.com/caselaws?id=28572 Section 44 of the Estate Duty Act, 1953 allows debts and incumbrances to be deducted only from the value of the property against which they are actually enforceable. Property gifted inter vivos and deemed to pass on death under a statutory fiction does not become liable for the deceased's unsecured debts merely because it is included in the estate for duty purposes. As no charge existed on the property passing under other titles, the deficit of liabilities could not be set off against its value. en-us Tue, 27 Jul 1982 00:00:00 +0530 Tue, 23 Feb 2010 17:44:42 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=28572 Section 44 of the Estate Duty Act, 1953 allows debts and incumbrances to be deducted only from the value of the property against which they are actually enforceable. Property gifted inter vivos and deemed to pass on death under a statutory fiction does not become liable for the deceased's unsecured debts merely because it is included in the estate for duty purposes. As no charge existed on the property passing under other titles, the deficit of liabilities could not be set off against its value. Case-Laws Income Tax Tue, 27 Jul 1982 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=28572