https://www.taxtmi.com/caselaws?id=38088 A genuine gift of a residential house by a husband to his wife was held not to attract inclusion in the principal value of the estate under section 10 of the Estate Duty Act, 1953. The Court reasoned that the husband's mere continued residence in the matrimonial home did not, by itself, show that the wife-donee had failed to retain possession and enjoyment of the property to the entire exclusion of the donor. The donor's presence in the shared home was treated as consistent with the wife's exclusive enjoyment, so the gifted house was not includible in the estate. en-us Thu, 01 Jun 1978 00:00:00 +0530 Sat, 03 Apr 2010 11:10:29 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=38088 A genuine gift of a residential house by a husband to his wife was held not to attract inclusion in the principal value of the estate under section 10 of the Estate Duty Act, 1953. The Court reasoned that the husband's mere continued residence in the matrimonial home did not, by itself, show that the wife-donee had failed to retain possession and enjoyment of the property to the entire exclusion of the donor. The donor's presence in the shared home was treated as consistent with the wife's exclusive enjoyment, so the gifted house was not includible in the estate. Case-Laws Income Tax Thu, 01 Jun 1978 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=38088