https://www.taxtmi.com/caselaws?id=28850 Property settled in trust remains includible in the estate under section 10 of the Estate Duty Act where the donor retains possession, uses the property for his own business, and keeps the beneficial enjoyment, because the transfer does not divest him of the required benefit. On the facts, the Rs. 82,000 was therefore treated as part of the estate, and section 12 was not applied. In contrast, a Hindu joint family may subsist even between husband and wife alone, so the deceased was not treated as owning the whole coparcenary interest. Only his share in the joint family property passed on death, and only that share was liable to estate duty. en-us Wed, 03 Aug 1977 00:00:00 +0530 Mon, 08 Mar 2010 11:28:25 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=28850 Property settled in trust remains includible in the estate under section 10 of the Estate Duty Act where the donor retains possession, uses the property for his own business, and keeps the beneficial enjoyment, because the transfer does not divest him of the required benefit. On the facts, the Rs. 82,000 was therefore treated as part of the estate, and section 12 was not applied. In contrast, a Hindu joint family may subsist even between husband and wife alone, so the deceased was not treated as owning the whole coparcenary interest. Only his share in the joint family property passed on death, and only that share was liable to estate duty. Case-Laws Income Tax Wed, 03 Aug 1977 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=28850