https://www.taxtmi.com/caselaws?id=39918 Section 10 of the Estate Duty Act, 1953 applies where the donee does not assume and retain bona fide possession and enjoyment of gifted property to the entire exclusion of the donor. A donor's continued residence and actual enjoyment of the house meant the gift did not escape estate duty, even though the donor lacked a legally enforceable right to remain. The words "by contract or otherwise" were confined to the second limb of section 10 and did not dilute the requirement of complete factual exclusion in the first limb. The 1965 amendment was held to operate prospectively only. On the facts, the entire house was includible in the deceased's estate because the wife was treated as a name-lender. en-us Fri, 28 Oct 1966 00:00:00 +0530 Tue, 12 Aug 2014 19:28:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=39918 Section 10 of the Estate Duty Act, 1953 applies where the donee does not assume and retain bona fide possession and enjoyment of gifted property to the entire exclusion of the donor. A donor's continued residence and actual enjoyment of the house meant the gift did not escape estate duty, even though the donor lacked a legally enforceable right to remain. The words "by contract or otherwise" were confined to the second limb of section 10 and did not dilute the requirement of complete factual exclusion in the first limb. The 1965 amendment was held to operate prospectively only. On the facts, the entire house was includible in the deceased's estate because the wife was treated as a name-lender. Case-Laws Indian Laws Fri, 28 Oct 1966 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=39918