https://www.taxtmi.com/caselaws?id=38257 Estate duty on a deceased coparcener's share in joint family property depended first on independent chargeability under sections 5 and 35(1) read with the Second Schedule. On the facts, the deceased's interest fell below the relevant monetary threshold and was not separately assessable, so no estate duty arose under the charging provisions. Section 34(1) was held to operate only for aggregation and rate computation, and not to create a charge where none existed independently. Accordingly, aggregation with the interests of lineal descendants could not make the property liable to estate duty. en-us Tue, 28 Feb 1978 00:00:00 +0530 Mon, 05 Apr 2010 12:10:52 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=38257 Estate duty on a deceased coparcener's share in joint family property depended first on independent chargeability under sections 5 and 35(1) read with the Second Schedule. On the facts, the deceased's interest fell below the relevant monetary threshold and was not separately assessable, so no estate duty arose under the charging provisions. Section 34(1) was held to operate only for aggregation and rate computation, and not to create a charge where none existed independently. Accordingly, aggregation with the interests of lineal descendants could not make the property liable to estate duty. Case-Laws Income Tax Tue, 28 Feb 1978 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=38257