CONTROLLER OF ESTATE DUTY BOMBAY Vs. SHANTABAI GULABCHAND

JUDGEMENT

(1.) THIS reference under section 64 (1) of the Estate Duty Act, 1953 relates to the estate of one Hirachand Gulabchand, who died on or about 23rd January, 1967. The deceased had a life interest in a property know as "munim Villa" at Narayan Dabholkar Road, Malbar Hill, Bombay in respect of which there was a Trust. The life interest of the deceased at the time of his death was to the extent of 3?/56. The accountable person claimed an exemption in respect of this life interest of the deceased under section 33 (1) (n) of the Estate Duty Act, 1953. This claimed has been allowed by the Tribunal. From the order of the Tribunal the following question of law has been referred to us :

(2.) SECTION 33 (1) (n) of the Estate Duty Act, 1956 is as follows:

(3.) THE question is whether the life interest of the deceased in the house property can be said to property "belonging to the deceased" within the meaning of this section. The Supreme Court in the case of (Raja Mohammed Amir Ahmad Khan v. Municipal Board of Sitapur) reported in A. I. R. 1965 S. C. 1923, was called upon to construe the words "belonging to", although in a somewhat different context. The Supreme Court held that these words, though no doubt capable of denoting an absolute title, were not confined to connoting that sense. The words could signify even an interest less than that of full ownership.