Sections 5 and 6 of the Estate Duty Act, 1953--Assessment in respect of property standing in the name of 'benamidar'--Clarification regarding

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....n their judgment in the case of Controller of Estate Duty, Lucknow v. Aloke Mitra [1980] 126 ITR 599, held that the liability to pay estate duty under section 5(1) of the Act arises upon the death of the real owner and not of the benamidar who is merely the ostensible owner. This judgment resolves the controversy on the question as to the liability to estate duty in respect of properties held bena....

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.... the death of the real owner. The latter view has not been accepted by the Supreme Court. 2. The Supreme Court has held that in the case of benami transactions, the real owner has got the title, though the property is in the name of the benamidar. The real owner can deal with the property without reference to the benamidar. A benamidar has no interest at all in the property standing in his name. ....