https://www.taxtmi.com/caselaws?id=36748 Where title to purchased land is defective or under challenge, estate duty may extend to the deceased's enforceable right to recover the purchase money, while land with upheld title is includible to the extent of its proportionate value. Applying that principle, the 5 acres in survey No. 595 were includible, and survey No. 596 could be brought in only if title was ultimately upheld, failing which only the notional recovery right would be assessable. Property standing in a daughter's name was treated as benami on the admitted facts and the will, so beneficial ownership remained with the deceased and the Gaddemane Estate passed on death under section 5 of the Estate Duty Act. en-us Thu, 22 Mar 1979 00:00:00 +0530 Wed, 24 Mar 2010 12:32:57 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=36748 Where title to purchased land is defective or under challenge, estate duty may extend to the deceased's enforceable right to recover the purchase money, while land with upheld title is includible to the extent of its proportionate value. Applying that principle, the 5 acres in survey No. 595 were includible, and survey No. 596 could be brought in only if title was ultimately upheld, failing which only the notional recovery right would be assessable. Property standing in a daughter's name was treated as benami on the admitted facts and the will, so beneficial ownership remained with the deceased and the Gaddemane Estate passed on death under section 5 of the Estate Duty Act. Case-Laws Income Tax Thu, 22 Mar 1979 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=36748