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1969 Supreme(SC) 258

J.C.SHAH, V.RAMASWAMI, A.N.GROVER
Satyanarayan S. Modi – Appellant
Versus
Controller Of Estate Duty Delhi And Rajasthan, New Delhi – Respondent


Advocates:
For the Appellant :Rakesh Badyal, Advocate
For the Respondents:J.P. Gandhi, Advocate

Judgment

SHAH, Ag. C. J. :- Purnabai widow of Sagarmal Mody held on April 1, 1953 three deposit receipts of the aggregate face value of Rs. 6,26,724-14-0 with the State Bank of Bikaner. By her letter dated July 22, 1952 Purnabai informed the Bank that she intended to make a gift of the amounts of two out of the three receipts to Suryakant son of her adopted son Satyanarayana, and requested that the receipts be renewed for three months in the joint names of

"Purnabai Sagarmal Mody and/or Suryakant S. Mody - payable to either or survivor."

and that the renewed fixed deposit receipts be sent to Satyanarayana at Bombay. Pursuant to this letter two fresh receipts were issued on August 3, 1953 for Rs.5,00,000 and 45,793-4-0. It appears that a receipt for Rs. 80,931-10-0 was previously obtained in the joint names of Purnabai and Suryakant on July 4, 1953.

2. On August 16, 1953 Purnabai executed a deed of gift in favour of Suryakant in respect of the three receipts containing the following recitals:

"Out of natural love and affection I have towards the said Suryakant son of Satyanarayana I hand over to the said Satyanarayana as the father and natural guardian of the said Suryakant Fixed Deposi

























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