1966 (5) TMI 1

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....died on December 30, 1958. His wife and his seven children survived him. He made a will on December 15, 1958, and we are, in this reference, concerned with the correctness of the interpretation placed on the provisions of that will by the Income-tax Appellate Tribunal. It was contended before the Income-tax Officer that the properties of Gopala Shetty were bequeathed under the will to the family consisting of his wife, Rama Bai, and his seven children, and that the assessment should be made on that basis. But the Income-tax Officer overruled that contention and made the assessment on the interpretation that the bequest under the will was to the wife and not to the family. In this view taken by the Income-tax Officer, the Appellate Assist....

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....ama Bai should take possession of all his movable and immovable properties on the strength of his will and collect all the amounts due to him and discharge the debts payable by him. The will contains a further direction that the business carried on by the testator should continue to be conducted by his wife and that she should educate the children, maintain the family, and apply the property of the estate in her own unfettered discretion for the well-being and prosperity of the members of the family. The Tribunal was of the view that the recitals in the will led to the indubitable inference that the bequest was to the family consisting of the wife, and the children and that the properties did not vest exclusively in the wife under the te....