1990 (6) TMI 8

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....der section 64 (1)of the Estate Duty Act, 1953. The deceased, at one time, was the owner to the extent of one-third of the following properties : (a) the property at Bajaj Road, Vile Parle ; (b) property at Ghodbunder Road, Vile Parle ; (c) property at Mahim. By release deeds dated March 29, 1957, the deceased released her one-third share in the above three properties in favour of her ....

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.... at any time up to her death. Hence, one-third of this property did not pass on the death of the deceased. The estate duty authorities had held to the contrary on the following reasoning : There was a charge on the Mahim property for payment to the deceased of a monthly maintenance of Rs. 600. Since the income from the Mahim property was only Rs. 311 per month, the estate duty authorities assum....